Foreign Law Firms in India: The 2025 Amendments of the BCI and What They Really Mean

In a milestone move signaling a new era in India's legal regulatory landscape, the Bar Council of India (BCI) has officially brought into effect the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, by way of a press note and notification on 14 May 2025. The rules, first gazetted in March 2023, are a measured step forward welcoming foreign entry into some segments of legal practice, but safely ring-fencing the domain of Indian law for Indian counsel.

This action falls at the intersection of two concurrent desires: India's desire to become an international commercial arbitration hub, and necessity to protect the professional, moral, and economic interests of its domestic legal fraternity. Instead of opening wide the floodgates, the BCI has opted to mark out and define the boundaries of acceptable foreign legal conduct by means of a formal, rule-oriented procedure that places a high premium on non-litigious advisory services, international legal cooperation, and reciprocity-based access.

Essentially, the regulatory shift bars foreign law firms from advising on foreign and international law, particularly foreign-element arbitration and cross-border transactions. Notably, it clarifies that the practice of Indian law, including appearance before tribunals and courts, legal consultancy, and litigation, is the exclusive domain of Indian advocates under the Advocates Act, 1961.

As India integrates more into the global economic system, this reform is situated not as liberalization in and of itself, but as a thoughtful group of rules to attract international legal talent, enhance investor confidence, and enable Indian lawyers to venture out while not compromising the integrity of the Indian Bar.

Key Highlights of the 2025 Amendments

The 2025 amendment to the Bar Council of India Rules for foreign law firms and foreign lawyers in India provides a comprehensive regulatory framework. Instead of an across-the-board liberalization of the Indian legal services market, these reforms are a specific and calibrated opening, with robust protections to maintain the sovereignty of the Indian legal profession.

1. Scope of Permissible Practice

Foreign law firms and foreign lawyers may practice only:

Foreign law;

International law;

International commercial arbitration under some conditions.

They are strictly barred from practising Indian law in any way, including:

Being present before courts, tribunals, or statutory/quasi-judicial authorities;

Providing advice on Indian statues, rules, or case law;

Preparing or examining Indian law-regulated contracts.

2. Regulatory Forms and Compliance Mechanism

To formalize their presence, foreign legal professionals must comply with the following filing structure:

Form A: New registration (first-time);

Form B: Renewal of registration (five years validity, renewable).

Form C: Declaration for temporary entry under Fly-In Fly-Out (FIFO) scheme.

3. Fly-In Fly-Out (FIFO) Restrictions

Foreign lawyers are permitted to make temporary entry into India for client work, but:

Their temporary stay may not exceed 60 days during any 12 months.

The scope of advice may not exceed foreign law or matters of international legal interest only.

Every visit must be pre-declared in Form C, such as jurisdiction, client, and the nature of the engagement in question.

Such a requirement aims to enable short-term cross-border advice but prevent informal or disguised practice of law on Indian soil.

4. Ministry Approvals Mandatory

Registration under the new regime is conditional upon the issue of:

A No Objection Certificate (NOC) by the Ministry of Law and Justice, and

A concurrent NOC by the Ministry of External Affairs.

Such a dual approval requirement assists in ensuring that the regulatory framework under the law is in keeping with India's foreign policy as much as with trade interests.

5. Qualification, Documents, and Due Diligence

Eligibility for registration on the part of foreign lawyers and foreign law firms requires providing:

Proof of primary legal qualification within the home jurisdiction;

Proof of valid license to practice law in that jurisdiction;

A good standing certificate from their national bar or regulator;

A compliance declaration under the Advocates Act, 1961, and the BCI rules.

These steps enable only professionally regulated, qualified foreign legal persons to pursue activities permitted in India.

Together, these amendments represent a model of regulation which is open—but not exposed. They signal that India is willing to accede to global legal regimes on its own terms—by encouraging arbitration, cross-border expertise and knowledge transfer, yet declining explicitly foreign encroachment in Indian legal practice.

Protection for Indian Advocates

One of the primary objectives of the new BCI regulations is the complete protection of the Indian bar. The rules say in no uncertain terms that the practice of Indian law is specifically reserved for Indian advocates who are registered under the Advocates Act, 1961. Foreign lawyers and foreign law firms are not allowed to appear in Indian courts, conduct litigation, or provide advice on Indian legal provisions.

To preserve this exclusivity, the BCI has implemented a set of eligibility screens, compliance provisions, and time limits, such as the FIFO limit on tenure of stay, to prevent foreign participation from taking the form of clandestine domestic legal practice. Besides, Indian lawyers have their right of double registration, i.e., they can be registered as "foreign lawyers" to practice international and foreign law while retaining their rights under Indian law. This presents the opportunity for Indian advocates to expand their international exposure without jeopardizing their indigenous status. 

Legal Validity and Judicial Backdrop

The amendments are in line with the jurisprudence developed in the pioneering judgments such as Bar Council of India v. A.K. Balaji (2018), wherein the Supreme Court had permitted foreign lawyers to practice on a limited scale limited to foreign law on a fly-in, fly-out basis, provided it is non-litigious and reciprocity-based. The new rules now codify and crystallize these judicial norms into a formal, structured regulatory framework.

By specifically prohibiting foreign lawyers from practicing Indian law and restricting their role to advisory services on foreign law, the amendments are in harmony with Section 29 of the Advocates Act, 1961, which allows only such advocates enrolled under the Act to practice law in India.

Requirements for Compliance by Foreign Law Firms

The rules mandate a widespread application and renewal process. Automatic registration does not apply and is to be approved in terms of qualification, professional behavior, and regulation compliance. All applicants are to furnish detailed documentation, including proof of licencing, good standing without disciplinary record, and compliance certificates with BCI standards. Temporary visits require advance notice, and all actions that fall within the remit of approved practice are to be within the mandated frameworks.

Notably, any breach or bypassing of these regulations can lead to cancellation of registration, such that not only compliance but also enforcement is facilitated. Such procedural safeguards reflect that the BCI wants to ensure participation by foreign parties to be regulated, reciprocal, and in limited terms.

Conclusion

The 2025 changes introduced by the Bar Council of India are a landmark shift in the country's legal regulatory mechanism. Instead of denoting unbridled liberalization, the framework constitutes a judiciously crafted strategy, embracing foreign lawyers and law firms into India's legal space, but on strictly regulated terms that maintain the integrity of Indian legal practice. By restricting foreign involvement to advisory roles in foreign and international law and denying them any presence whatsoever in practicing Indian law or engaging in litigation, the BCI has reaffirmed its dedication to protecting the statutory and professional sanctity of Indian lawyers.

These reforms simultaneously attest to the enhanced confidence of India as a jurisdiction entirely integrated with international trade and international dispute resolution. For Indian lawyers and law afirms, it is a shield and an opportunity—an opportunity to assert their place on the international stage through two-way frameworks, while keeping their place in the national legal order. If applied with consistency and oversight, this model of regulation could be a blueprint for other emerging economies as they balance legal sovereignty against engagement with the world.