India opens legal gates to foreign lawyers and firms, but with guardrails

In a landmark decision poised to reshape the contours of the Indian legal landscape, the Bar Council of India (BCI) has officially notified a new framework allowing foreign lawyers in India to operate within a strictly defined regulatory perimeter. The notification, published in the Gazette of India dated May 13, 2025, amends the 2022 rules and heralds a new era for cross-border legal collaboration—albeit one grounded in caution, reciprocity, and sovereignty.

Foreign Lawyers and Firms: A Carefully Crafted Gateway

The new regulations do not offer carte blanche. Instead, they open a carefully monitored gateway that permits foreign lawyers and law firms to register with the BCI, strictly for non-litigious legal work. These include advising on foreign law, participating in international commercial arbitration, drafting legal documents, and offering expertise on cross-border legal matters.

However, they stop short of allowing any courtroom participation. As clearly stated in the official notification:

“Foreign legal practitioners or law firms shall not be permitted to appear before any courts, tribunals, or other statutory or regulatory authorities in India unless specifically permitted under the Advocates Act, 1961.”

This ensures that the sanctity and jurisdiction of Indian courts remain solely under domestic legal guardianship.

The “Fly In, Fly Out” Model

Among the key features is the “Fly In and Fly Out” provision. This allows foreign lawyers to offer short-term legal advice in India without establishing a regular or permanent presence. But the BCI stresses that these visits must not morph into regular practice and will be closely monitored for duration and intent.

The move is described by BCI as a response to the “inevitable globalisation of legal services.” With international business and trade increasingly demanding legal expertise across multiple jurisdictions, the Council acknowledged that India cannot remain insulated from such global currents.

India’s Legal Borders Stay Firm

While the door is ajar, it is certainly not unguarded. The rules are grounded in firm principles—jurisdictional integrity, ethical conduct, and reciprocity. Foreign law firms cannot advise on Indian law. Nor can they bypass local regulations by working through proxies or setting up shell operations.

The Council emphasized:

“This reform, while expanding the possibilities for collaboration, remains firmly anchored in the principles of reciprocity, ethical practice, and jurisdictional compliance.”

International Collaboration with Guardrails

The notification is the product of sustained consultations between multiple stakeholders, including the Ministry of Law and Justice, international counterparts, and professional bodies such as the Law Society of England and Wales. A joint statement signed earlier between the BCI and the Law Society laid the groundwork for this regulatory shift, underscoring India’s readiness to engage globally, without surrendering control.

Any foreign law firm or individual lawyer looking to practice in India under the new norms must undergo a formal registration process and meet stringent eligibility requirements. Meanwhile, the door opens both ways: Indian lawyers and firms could now access international jurisdictions under reciprocal arrangements, paving the way for global exposure and professional growth.

Voices from the Legal Fraternity

Legal experts have broadly welcomed the move as a progressive yet guarded step forward. Vivek K Chandy, Joint Managing Partner at JSA Advocates & Solicitors, remarked:

“The rules have been in the works for a long time, and the notification dispels any uncertainties about the direction of the Indian legal market. JSA welcomes any initiative that deepens and strengthens India’s ability to offer sophisticated legal advice to both domestic and international clients.”

For Indian legal professionals, the new guidelines may serve as an impetus to diversify their skill sets and collaborate with global counterparts. For foreign lawyers in India, this is a structured opportunity to tap into one of the world’s fastest-growing economies, without overstepping defined boundaries.

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