Bar Council Of India Rules On Foreign Nationals' Enrolment & Practice Published In Official Gazette

The Bar Council of India Rules on Enrolment and Practice of Foreign Nationals, 2025 were published in the official gazette yesterday.

They shall come into force on such date as may be notified by the Bar Council of India.

These rules apply to nationals of countries other than India who seek permission to practice law in India, whether by virtue of holding a law degree from a University in India or from any foreign University.

Reciprocity Requirement

A foreign national shall be considered for enrolment under these rules only if duly qualified citizens of India are permitted to practice law in that foreign national's country on substantially equivalent and reciprocal terms.

Scope of Practice

 A foreign national who has obtained a recognised law degree from a University in India shall be eligible to be registered only for non-litigious practice of Indian law, which shall include advisory, consultancy, documentation and transactional work. Such foreign national shall have no right of audience or appearance before any court, tribunal, authority or quasi-judicial body in India.

A foreign national who has not obtained a law degree from a University in India shall not be permitted to practise Indian law. Such a person may only practise in matters concerning foreign law, international law and international commercial arbitration, in accordance with the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, as amended in 2025, provided that such practice shall not extend to rendering any opinion on Indian law.

Nothing in these rules shall restrict the discretionary power of a court under Section 32 of the Advocates Act, 1961 to permit a non-advocate to appear in a specific matter on a case-by-case basis.

Restrictions on Membership, Representation, and Other Entitlements

(1) A foreign national registered under these rules shall not be entitled to:-

(a) be a member of any State Bar Council or the Bar Council of India.

(b) be a member of the general body of any Bar Association or cast a vote in any Bar Association election

(c) contest for or hold any office-bearer position in any Bar Association or Bar Council.

(d) represent any Bar Association, Bar Council, or other collective body of advocates in any capacity whatsoever.

(e) The State Bar Council shall issue a distinct enrolment number to every foreign national registered under these rules that is clearly differentiated from the regular enrolment numbers allotted to advocates enrolled in India.

The distinct enrolment number shall be in the following format: “FNR/State Code/Year/Serial Number”

(Example: FNR/DEL/2025/001) where “FNR” denotes Foreign National Registration, “State Code” denotes the code assigned to the respective State Bar Council, “Year” represents the year of registration, and “Serial Number” denotes the sequential number of registration issued in that year.

The enrolment certificate issued under this rule shall expressly state that it authorizes the holder to engage only in non-litigious practice of law in India, limited to advisory, consultancy, documentation and transactional work, and does not confer any right of audience or appearance before any court, tribunal, authority or other forum in India.

The certificate shall also bear a clear and conspicuous note to the effect that the holder is not entitled to appear, plead, act, or represent any person in any judicial or quasi-judicial proceeding, nor to give evidence or make submissions on oath in any capacity as an advocate before any Indian court, tribunal, or authority.

A foreign national registered under these rules shall not be eligible to receive any financial aid, welfare benefits, or schemes administered by any Bar Association, State Bar Council, or the Bar Council of India, unless specifically authorised by the Bar Council of India with prior approval of the Central Government.

A foreign national registered under these rules shall not be eligible:-

(a) to be empanelled for legal aid, government panels, or any public office requiring advocate empanelment

(b) to appear for or be nominated to the judiciary or judicial services, or to sit for any competitive examination for judicial or other legal services, unless expressly permitted by the Central Government or the concerned State Government, as the case may be.

No foreign national may practise law in India under these rules unless they hold a valid visa or work permit issued by the Ministry of Home Affairs specifically authorising such professional activity. Every foreign national registered under these rules is bound by the same professional standards, code of conduct and etiquette that apply to advocates enrolled under the Advocates Act, 1961, and they are subject to the disciplinary jurisdiction of the State Bar Council and the Bar Council of India in the same manner as Indian advocates. Any violation of professional conduct, breach of these rules or legal practice undertaken without a valid visa or work authorisation will amount to professional misconduct.

The Bar Council of India may suspend or cancel the registration of a foreign national if reciprocity with the home country no longer exists, if the visa or work authorisation expires, is revoked or is invalid, if the individual is found guilty of professional misconduct or breach of these rules, if enrolment was obtained through misrepresentation, suppression or fraud, or if the Central Government so directs on grounds of public interest, national security or foreign policy. These rules will dilute or affect the rights, privileges or interests of advocates enrolled under the Advocates Act, 1961, and the exclusive right of audience before courts, tribunals and authorities in India shall continue to belong solely to such advocates.

In May, the BCI had notified the amended rules relating to foreign law firms - Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India -which allowed foreign law firms to take up non-litigious matters in India on a reciprocal basis. Last month, the BCI had issued a warning against tie-ups between Indian law firms and foreign law firms, observing that such partnerships would be seen as an attempt by the foreign law firms to circumvent the regulations by operating through Indian proxies.

Click here to read the notification