Justice Adarsh Kumar Goel opined, "Fly in and fly out would cover a casual visit and not amount to practice".
However, the bench headed by Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit said that foreign lawyers could come to the country and participate in global commercial arbitration. However, the Bombay High Court in Lawyers' Collective had held that foreign law firms could not open liaison offices in India.
For example, it allowed foreign law firms to give legal advice to their clients on foreign laws.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud issued notice to apex regulatory body BCI on the plea which alleged that parliamentarians and legislators, practising as lawyers, posed a "conflict of interest" and violated the provisions of the Advocates Act and the Bar Council of India Rules.Читайте также: Facebook is a "beast" of dissension and conflict
The only exception that is available is for foreign lawyers coming to India for providing advice on foreign law or when they are coming in to take part in an global commercial arbitration. Such visibility is against the BCI rules. Counsels for the BCI, arguing against allowing foreign lawyers from practicing in India, pointed to similar limitation being placed in other countries. This, of course, would be determined by the government on the basis of the principles of reciprocity accorded to Indian lawyers in the relevant jurisdiction.
In the alternative, he has sought for a direction quashing Rule 49 of the Bar Council of India Rules as ultra vires the Constitution and its basic structure, and to permit all Public Servants to practice as Advocates. Last year's amendment was made by the commerce ministry, while whether to allow a foreign law firm in India is a purview of ministry of law and justice, said industry experts at the time.
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