Foreign Lawyers Can Advise but Cannot Appear in Courts: BCI Notifies 2025 Rules

CT Team 4 min read November 15, 2025 at 4:41 pm

The Bar Council of India (BCI) has officially published the Bar Council of India Rules on Enrolment and Practice of Foreign Nationals, 2025 in the Gazette. These rules will come into effect once the BCI issues a separate notification on the commencement date.

The rules apply to foreign nationals who want to practise law in India, whether they hold an Indian law degree or a degree from a foreign university.

Reciprocity Condition

A foreign national can be considered for enrolment only if India’s citizens are allowed to practise law in that foreigner’s country on similar and reciprocal terms. Without such reciprocity, the application will not be entertained.

Who Can Practise What?

1. Foreigners with an Indian law degree

They can work only in non-litigious areas.
Their work is limited to advisory, consultancy, documentation and transactional matters.
They cannot appear before courts, tribunals, authorities or any quasi-judicial body.

2. Foreigners without an Indian law degree

They cannot practise Indian law.
They may only advise on foreign law, international law or international commercial arbitration.
Even in these areas, they cannot give opinions on Indian law.
Their work must follow the BCI Rules for Foreign Lawyers and Foreign Law Firms in India, 2022 (as amended in 2025).

Courts, however, still retain powers under Section 32 of the Advocates Act, which allows them to permit non-advocates to appear in specific cases.

Restrictions on Membership and Representation

A foreign national registered under these rules cannot:

become a member of any State Bar Council or the Bar Council of India
join or vote in any Bar Association
contest or hold any Bar body post
represent any Bar organisation in any capacity

Their enrolment number will follow a separate format such as:
FNR/State Code/Year/Serial Number
(Example: FNR/DEL/2025/001)

Their enrolment certificate will clearly state:

they are allowed only non-litigious practice
they have no right to appear or plead before any forum in India
they cannot give evidence or submissions as an advocate

No Access to Welfare Schemes

Foreign nationals enrolled under these rules are not eligible for:

bar welfare schemes
financial aid
legal aid panels
government panel positions
judicial service examinations

Such benefits are allowed only if specifically approved by both the BCI and the Central Government.

Visa and Conduct Requirements

Foreign nationals must:

hold a valid visa or work permit issued by the Ministry of Home Affairs
follow the same professional conduct rules as Indian advocates
remain under the disciplinary control of the State Bar Council and the BCI

Practising law without valid authorisation will be treated as professional misconduct.

Grounds for Suspension or Cancellation

Registration can be suspended or cancelled if:

reciprocity with their home country ends
their visa or work permit expires or is cancelled
they violate professional conduct
registration was obtained through fraud or misrepresentation
the Central Government directs cancellation for public interest, security or foreign policy reasons

The rules also clarify that the rights and privileges of advocates enrolled under the Advocates Act, including the exclusive right of audience before courts and tribunals, remain fully protected.

Earlier this year, the BCI notified revised rules for foreign law firms, allowing them to take up non-litigious work in India on a reciprocal basis. It also recently warned Indian law firms against forming proxy tie-ups with foreign firms to bypass regulations.