A.K. BALAJI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 to 8 to take appropriate action against respondents 9 to 40 or any other Foreign Law Firm or Foreign Lawyers, who are illegally practising the Profession of Law in India, and for a further direction to forbear them from having any legal practice either on the litigation side or in the field of non -litigation and commercial transactions, in any manner whatsoever within the territory of India.

(2.) THE grounds on which the writ petitioner places his reliance are summarized in a nutshell herein below : -

(3.) THE Bar Council of India, which is the 7th respondent herein, in its counter stated that the issue involved in the present writ petition is no longer res integra and has been settled by the Bombay High Court by holding that practice of law would include even non -litigious practice, and therefore, foreign lawyers i.e., lawyers not enrolled as Advocates under the provisions of the Advocates Act, 1961 would not be entitled to practice law in India (In W.P.No.1526 of 1995 by order dated 16.12.2009 in the matter of Lawyers Collective Vs. Bar Council of India). It is further stated that since against the said judgment of the Bombay High Court no appeal was preferred, it attained finality, and consequently, the present writ petition deserves to be dismissed. It is stated that as per the provisions contained in Sections 24 and 29 of the Advocates Act only persons who are citizens of India are eligible to be enrolled under Section 24 of the Act to practice the profession of law before the Indian Courts. However, the counter makes it clear that Bar Council of India has got the power under Section 47(2) read with Section 49(1)(e) to provide for relaxation of such a condition. The counter further makes it clear that the practice of foreign law within the territory of India would also be subject to the regulatory powers of the Bar Council of India. It is stated that in a Joint Consultative Conference of the Members of the Bar Council of India and the Chairmen, Vice -Chairmen, and Executive Committee Members of the State Bar Councils held at Kochi on 17th and 18th November, 2007 it was decided not to relax any of the statutory norms for practice of law in India by exercising the powers conferred to the Bar Council of India under Section 47(2) read with Section 49(1)(e) of the Advocates Act, 1961. Finally, it is stated that the provisions of the Advocates Act, 1961 would apply with equal force to both litigious and non -litigious practice of law, and only persons enrolled under Section 24 of the Act can engage in the same.