India warms to foreign law firms, but legal concerns simmer
A quarter of a century later, the landscape has shifted dramatically. On May 14, 2025, the Bar Council of India (BCI) — the regulatory authority for the legal profession — formally notified a set of rules permitting foreign law firms and lawyers to practice in India. Their role, however, is restricted: they may operate only in non-litigious matters, limited to foreign and international law, and solely on a reciprocal basis.
A past steeped in resistance
The nationwide agitation 25 years ago was triggered by the Law Commission of India's Working Paper, which proposed amendments to the Advocates Act, 1961, to allow foreign legal consultants to practice in India.
'The entire legal fraternity stood united,' recalled advocate and former Delhi Bar Association president Rajiv Khosla, who had led the lawyers' march and lost an eye in a scuffle with the police.
The Supreme Court later reinforced this sentiment in March 2018 when it ruled that foreign law firms and foreign lawyers could not practise law in the country either on the litigation or non-litigation side.
One of the central arguments then was reciprocity, given that Indian advocates were not allowed to practice in the U.K., U.S.A., Australia, and other foreign nations without complying with onerous restrictions such as qualifying tests, proof of experience, and work permits.
The turnaround
In March 2023, the BCI floated a notification permitting foreign lawyers to function in non-litigious areas only. Although that notification was challenged in the Delhi High Court, and remains under judicial consideration, the latest iteration in May 2025 has cemented the policy shift.
Lalit Bhasin, chairman of the Society of Indian Law Firms (SILF), who was once a vocal opponent of foreign law firms entering India, reflected on the shift in tone: 'We welcome them. They can learn from us, we can learn from them. It would be a good opening for our young lawyers also who can work with them.'
Still, he expressed concerns that the latest BCI notification might contravene the Supreme Court's 2018 rulings. Mr. Bhasin said the BCI's 2023 notification was kept in abeyance, but the current development amounts to 'old wine in a new bottle.'
'Our view is, why can't the Parliament just amend the law, that is, the Advocates Act, giving liberty to foreign lawyers to come to India to practice? Because the existing law does not permit it,' Mr. Bhasin stressed.
'Encouraging global integration'
Haigreve Khaitan, Senior Partner at Khaitan & Co, called the move 'a positive step'. He said, 'This will result in increased knowledge sharing, innovation, and faster adoption of global best practices. Regulatory reforms must now ensure a level playing field.'
'The amendment's spirit is to safeguard domestic litigation while encouraging global integration,' said Abhishek Prasad, founder of his eponymous chambers. It also creates new opportunities for Indian lawyers and law firms through the dual registration provision, which allows them to practice foreign and international law without relinquishing their right to practice Indian law, he added.
Shailendera Singh, partner at GnS Legal, added a pragmatic note: 'The amended Rules do not specify if foreign lawyers are restricted in appearing in international arbitration only when the applicable law is Indian law, making it possible for them to appear so long as one of the parties is a foreign party.'
'Reciprocity is an illusion'
Former Bar Council of Delhi chairman K.C. Mittal raised questions about reciprocity. 'The whole action is against the Advocates Act, as the same requires amendments in the basic Act. The claim of reciprocity is illusionary. Reciprocal means our law degree and enrolments certifies are recognised by them and any lawyer from India can go, appear and argue but it's not so,' he said.
Mr. Khosla echoed these concerns. 'So far, the BCI hasn't specified which countries have extended reciprocal access to Indian lawyers. Other countries aren't accepting us, yet we're moving ahead — I don't understand why,' he said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
15 minutes ago
- Hindustan Times
Protests in Chennai over Supreme Court order on relocating stray dogs in Delhi
Animal rights activists and dog lovers took to the streets in Chennai to stage a protest on Sunday, days after the Supreme Court ordered the stray dogs in Delhi-NCR to be moved to shelters within eight weeks. Dog lovers and activists attend a protest rally, after India's top court last week ordered authorities to relocate all stray dogs in Delhi.(REUTERS) Protests in Chennai followed similar demonstrations seen in the national capital previously. Protestors were seen holding placards that read 'Save Delhi Dogs' and 'Their Lives Matter', with pictures of stray dogs on. People taking part in the protests were also seen holding some dogs and puppies in their arms. On Saturday evening, people gathered near India Gate against the SC's order. Earlier, on Friday, Delhi Police registered four FIRs in connection with the protest held without prior permission on August 11 and 12 in New Delhi, reported ANI. According to the police, demonstrations were organised despite prohibitory orders imposed under Section 163 of BNS (formerly known as Section 144), which was in force due to the security measures ahead of Independence Day. Also read: Humane solution to street dogs: It's as simple as ABC Police officials also claimed that the protest turned unruly when police tried to disperse the demonstrators. "Those who refused to leave the protest sites despite repeated requests were detained. Legal action will be taken against all those found violating the law," the Delhi Police said. Protests have been ongoing since August 11, when the Supreme Court directed authorities to ensure that all localities in Delhi, Noida, Ghaziabad, Gurugram and Faridabad are free of stray dogs. The court had ruled that captured animals should not be released back onto the streets. Following this, a three-judge bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria reserved its order on petitions seeking a stay on the directive. The bench said it would pass an interim order after hearing arguments from all sides. Solicitor General Tushar Mehta, appearing from the side of the Delhi government, said that there is a 'loud vocal minority' opposing the order, while the 'silent suffering majority' are supporting it. He said that people eat chicken and then claim to be animal lovers. He said that children were dying and sterilisation did not stop rabies, 'even if you immunised them, that did not stop mutilation of children," Mehta added further. Meanwhile, Senior advocate Kapil Sibal, representing the NGO, questioned whether municipal authorities had created enough shelter homes for the dogs. "Now, dogs are picked up. But the order says once they are sterilised, do not leave them out in the community," he argued, seeking a stay on the August 11 order. The bench observed that the core problem was the failure of local bodies to implement the Animal Birth Control Rules. Justice Nath remarked, "Rules and laws are framed by the Parliament, but they are not followed. Local authorities are not doing what they should be doing.' In a detailed order, the court clarifies that the August 11 decision was not taken on a "momentary impulse" but after two decades of authorities failing to address a matter directly affecting public safety.
Time of India
17 minutes ago
- Time of India
Left in the dark: Western UP's migrant workers lose light, faith with unmaintained solar panels
Aligarh/Bulandshahr: In a dusty brick kiln colony on the outskirts of Aligarh , 32-year-old migrant worker Kamal Singh stands beside a lifeless solar panel mounted on his hut. Independence Day 2025 Modi signals new push for tech independence with local chips Before Trump, British used tariffs to kill Indian textile Bank of Azad Hind: When Netaji Subhas Chandra Bose gave India its own currency "Yeh toh roshni ka sahara tha. Par ab pehle jaise nahi chalta. (This was our source of light. But now it doesn't work like before," he said. Once a symbol of self-reliance that lit up his hut and powered a fan through scorching summers, the panel is now coated in grime, barely functioning -- a casualty of lack of maintenance, guidance and rising air pollution. As India expands its renewable energy footprint, stories like Kamal have revealed a troubling gap between solar adoption and solar maintenance. Many migrant workers across the dusty interiors of western Uttar Pradesh -- Hathras, Bulandshahr, Aligarh -- embraced solar as a lifeline to meet their energy needs but are now finding themselves disillusioned. Live Events Some even pooled money to install small solar panels on their huts using their savings from months of labour under the sun and for a while, it even worked: two bulbs lit up their rooms, a fan offered respite from the heat, and mobile phones stayed charged. But today, the lights flicker weakly and the fan barely moves. "We don't know what went wrong. When we took it to the shop, they said dust had accumulated on it. Then we cleaned it properly with a cloth, but it's still not working like before," said Kamal's wife, Rashmi. Neeraj Jain , director at Solar Square, an Indian company focused on residential solar energy solutions, pointed out that cleaning must be done gently and correctly. "Leaning or scrubbing too hard can cause micro-cracks or damage the anti-reflective coating, which significantly reduces the panel's lifespan," he cautioned. But this knowledge hasn't reached the brick kiln workers of western Uttar Pradesh, who often rely on second-hand information or trial-and-error methods. With little formal training and no local technicians to guide them, families clean panels with the same cloth and phenyl solution they use to mop floors or dust it the way they do dusting at home. Some lean directly on the glass surface while scrubbing, unaware they may be damaging the very panels they depend on for electricity. In these informal settlements, where electricity theft, outages, and diesel costs once made solar seem like a breakthrough, the lack of aftercare and support has quickly turned innovation into frustration. "I saved Rs 3,000 on electricity last year. But now, the panel stopped working properly. No one ever told us how to take care of it," said Kishore Kumar, a migrant construction worker in Nanau village. Others tell similar stories. "We bought it thinking it would help during nights as we were either dependent on oil lamps or pilfering electricity, but it became more headache than help," said Sangeeta, who migrated from Bihar's Gaya to work in a brick kiln in Nanau village of Uttar Pradesh's Aligarh district. Experts agree that while solar systems are marketed as low-maintenance, they are not maintenance-free. "Within 90 days, performance drops by up to 35 per cent if not cleaned," said Jain. "In rural, off-grid areas, the panels often face poor air quality, dust, bird droppings, and no guidance on upkeep. After a year or two, many just abandon them," he added. Shopkeepers in surrounding areas like Pilakhana and Bijauli also report declining use. "Earlier, families came to us to buy DC fans and LED bulbs for their solar setups," said Virendra Singh , who owns a shop in Pilakhana. "Now some of them come asking for kerosene lamps again." The problem isn't the technology but the lack of education and support. Like Jain said that solar panels do not need complicated maintenance. "But users must know not to rub too hard, not to use saltwater, and to avoid leaning on them. Even small cracks or residue can ruin them," Jain said. When PTI reached out to the shops selling solar panels, the shopkeepers said that they themselves are not sure how to ensure effective maintenance and just tell the people to wipe it properly with wet and dry cloth. "Like we do dusting at home," said a shopkeeper in Bulandshahr. Air pollution is further making the situation worse. "In Delhi and surrounding regions, performance falls by at least 15' 20% during peak pollution. And this isn't just about fog'¦it's the dust, the particulates, everything in the air that blocks sunlight," said Jain. Researchers at IIT Delhi's Centre for Atmospheric Sciences (2001- 2018) found that particulate pollution reduces direct sunlight radiation (called atmospheric attenuation) and causes soiling (i.e. particle deposition). As a result, solar panel efficiency in India declines by approximately 12 per cent for fixed panels and up to 41 per cent for dual-axis tracking systems. In the eastern and northern power grids, reductions in received sunlight range from 12- 16 per cent. For families relying on solar for basic needs -- charging a phone, running a light or fan -- such a drop makes a system nearly unusable. Indrajit Singh, Managing Director of the Uttar Pradesh New and Renewable Energy Development Agency (UPNEDA), acknowledged the issue. "We've focused on expanding solar access, but now we are scaling up training and 30,000 Surya Mitras are being trained in UP for installation and maintenance," he said. "We've also started pilot programs with women's self-help groups in rural areas to take on local repair and upkeep," he said. So far, over 5,000 individuals have been trained and 3,000 vendors registered, according to Singh. But such programs are yet to reach the migrant belts of western UP in any meaningful way. India is home to over 450 million internal migrants, according to the 2011 Census, with current estimates by independent researchers suggesting the number could now exceed 600 million, as many move in search of work, education, or better living conditions. Among them, Uttar Pradesh is both a major sending and receiving state, with millions of migrant workers moving seasonally between states like Bihar, Jharkhand, Madhya Pradesh , and Maharashtra. For these workers, access to reliable and affordable energy is not a luxury -- it is essential for their empowerment, said Nirmal Gorana, convenor of the National Campaign Committee for the Eradication of Bonded Labour, who has extensively documented labour conditions in kilns. But without basic maintenance support, even this modest progress begins to unravel. "We turned to solar with hope and invested our hard-earned savings in it. To buy this panel, we made sacrifices' whether it meant cutting back on better food, medicine, or even sending money home. So when the panel stops working, it isn't just a financial loss' it shatters our trust in the system," said Kamal. (This content was developed and produced under an arrangement with Internews' Earth Journalism Network).
News18
24 minutes ago
- News18
Opinion: India's Anti-Terrorism Security Apparatus Is Robust
The messaging to the world is now more clear, i.e., India will always act in self-defence, which is a sharp shift from the past doctrine of strategic restraint Some recent reports have surfaced in the public domain suggesting that India's anti-terror operations in the thick and mostly inaccessible forests of Jammu and Kashmir have not been as successful as projected. Nothing could be further from the truth. The factual position on the ground reveals that while there have been casualties on both sides, be it Indian troops or the terrorists, the battle being played out in this inhospitable terrain reveals that the enemy is in a much weaker position today than it ever was in the past two-and-a-half decades. The fight is ongoing and far from over. Terrorism and insurgency in India are primarily linked to political, religious, ethnic, ideological, identity driven, linguistic or socio-economic grievances. It is broadly divided into three distinct categories, viz. cross border terrorism in Jammu and Kashmir, terrorism in the hinterland and extreme violence being a part of ongoing insurgencies. India remains highly vulnerable to attacks by terrorists due to its porous borders in the west, north and northeast, besides its insufficiently protected long coastline. Terrorists and insurgents entering or residing in India continue to receive lavish material support and funds from many sources, especially from agencies located abroad. Over the last decade or more, India has demonstrated stronger political will to strengthen border security, giving a free hand to security and intelligence agencies to gather, collate, coordinate and act on information, enact stricter laws to combat terrorism. Internationally, India has reworked its strategy, to disprove foreign sceptics and address cross-border terrorism and prevent the financing of terrorists. We do not have to go too far back in time to see the success that India has achieved in countering terror. Three incidents stand out quite emphatically, sending out a firm message to regional inimical elements and to the larger international community that India is no pushover. In 2016, the Indian Army conducted a series of strikes in Pakistan occupied Kashmir (PoK) at the end of September. Those strikes were a calculated hard response to a Pakistan-trained terrorist attack on an Indian Army base in Uri, Jammu and Kashmir on September 18, 2016, which claimed the lives of 19 soldiers. Four terrorists linked to Jaish-e-Mohammed carried out the attack on the Uri army base. The Indian government decided to retaliate with surgical strikes to send out a message to Pakistan that India would not tolerate cross-border terrorism. New Delhi described the counter as a 'pre-emptive strike" to disrupt terrorist activities from across the LoC. The strikes were significant as they were the first of their kind against Pakistan. Crossing the LoC under the cover of darkness, Indian Army commandos targeted and eliminated seven terrorist launch pads. The Indian government confirmed the killing of 35-40 terrorists, a claim dismissed by Pakistan. On February 14, 2019, a bus carrying Central Reserve Police Force (CRPF) troopers, which was part of a convoy of 78 vehicles, was targeted in Pulwama by a Jaish-e-Mohammed (JeM) suicide bomber. He rammed his explosives-laden car into the bus, killing 40 CRPF personnel. Biding its time, the Indian government ordered the country's air force to carry out an air strike in Balakot, Pakistan, on February 26, targeting terror camps. It was the first such aerial action against Pakistan since the 1971 war, sparking retaliatory raids and an aerial dogfight. Fortunately, it did not escalate into a full-scale war, but it put an alarmed wider world on notice that India would not take attacks on its soil or on its people lightly. The third and most telling response to Pakistan's 'misadventures" has been 'Operation Sindoor". The operation was a balanced armed forces response to the killing of 26 innocent Indian civilians in Pahalgam, J&K on April 22, 2025. It reflected India's advanced technology, commitment to gathering precise intelligence and exhibited her self-reliance in defence. Nine terror training camps, including the headquarters of Lashkar-e-Taiba and Jaish-e-Mohammed, were damaged with precise missile strikes, without crossing the Line of Control or the International Border. When Pakistan responded by targeting Indian civilians and defence establishments, India effectively used its defence shields and drones to neutralise eleven Pakistani air bases, disrupting the mobility and operational momentum of Pakistan Air Force, and ensuring that Pakistan could not sustain a second or third wave of escalation. It used its advanced military technologies to send out a clear message to Islamabad that it would do well not to mess with New Delhi. Several factors are at the root of India's counter terrorism successes. These are enhanced intelligence gathering through multiple agencies, including the Research and Analysis Wing (RAW) and the Intelligence Bureau (IB) (internal intelligence); better inter-agency cooperation overseen by the Joint Intelligence Committee and the Intelligence Bureau; establishing specialized units like the National Security Guard (NSG) and Anti-Terrorism Squads (ATS) to handle specific terrorist threats; improved border security; giving more teeth to laws like the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act to strengthen punitive measures against terrorism and related activities. Establishing the National Investigation Agency (NIA) to investigate and prosecute terror-related offences; actively raising the issue of cross-border terrorism in various international forums, including the United Nations, G20, and FATF; promoting capacity building in other countries through training, experience sharing, and technical cooperation in counter-terrorism efforts; working with international partners to address the financing of terrorism. In addition, introducing de-radicalisation programs that focus on education, skills development and jobs; promoting public awareness and participation in counter-terrorism efforts; demonstrating the will to respond with punitive measures against sponsors of terrorism and using technology, including Artificial Intelligence, to neutralise terror threats. By combining these elements, India has created a comprehensive and effective counter-terrorism ecosystem that strikes at the very heart of violent anti-social activity. This has been emphatically demonstrated over the past more than two years through anti-terror operations in dense mountain belts, even if it has come at the cost of casualties. The Indian Army and other law enforcement agencies have pushed their full technological arsenal and might into ferreting out militants from mountain caves, deep forests and natural hideouts. Security experts admit to the changing colour of militancy, but are confident about striking hard and causing maximum damage to inimical forces. They are constantly aware of the need to adapt without walking into deadly traps. The fact of the matter is that any terrorist attack on India will be met with a strong and resolute response, with India retaliating on its own terms, targeting terror hubs at their root. top videos View all India is also on record as saying that it will not be intimidated by nuclear threats and warned that any terrorist safe haven operating under this pretext will face precise and decisive strikes. The messaging to the world is now more clear, i.e., India will always act in self-defence, which is a sharp shift from the past doctrine of strategic restraint. The author is Editor, Brighter Kashmir, author, TV commentator, political analyst and columnist. Views expressed in the above piece are personal and solely those of the author. Click here to add News18 as your preferred news source on Google. view comments Location : Jammu and Kashmir, India, India First Published: August 17, 2025, 14:08 IST News opinion Opinion: India's Anti-Terrorism Security Apparatus Is Robust Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
