Does anyone know if the foeign nationals who complete the BA LLB course from say NALSAR or NLSIU get an equal shot at campus interviews as their Indian counterparts?

Do India-based LPOs or law firms sideline foreigners completely from any campus hiring that they do? Do they hire foreign students?

Is it the same for foreign firms?

I'm wondering if the foreign nationals (particularly those of Indian origin) are able to find jobs through the placement cycle.

I think there is no bar as such....because in my initial years when i was in Mumbai, there was a foreigner lady who used appear in Bombay High Court...probably she was qualified from India itself in law and enrolled as an advocate with Bar Council of Maharashtra and Goa...i dont think there should be any problem...i have even seen foreign interns in law firms in India either doing law in India or abroad....

Interesting, this is very sensible and very useful! Many thanks!

Like any other law in India, Advocates Act are not implemented by Bar Councils. Many lawyers continue to have the valid registration even though their lincence must be cancelled.

It is a really very interesting issue and need to be discussed as the concept of OCI was introduced much later to The Advocates Act.

Trustman, the outcome of the discussions so far has been that as long as one is an Indian national at the time of enrollment as an advocate, it doesn't matter if nationality changes later. One doesn't have to be an Indian citizen to continue as an advocate. Indian citizenship is only an entry level condition. Even if an advocate becomes a foreign national and does not opt to be an overseas citizen of India, s/he continues to be an advocate. Of course, an OCI has the right to work in India. A foreign national will need a work permit.

I read with interest the public debate undertaken by our Learned friends . I entirely agree to the views expressed by Karma 1 .
The definition of the indian citizenship shall be deemed to include all those who are entitled to the Indian citizenship in accordance with the constitution of india .
Is it not to true that we have some politicians who are holding the highest offices of the nation despite of the fact that they were not born in India?.
Turning now to the point about the Regulations rules and Acts by the professional bodies one must bear in mind that any such regulations should always be consistent with the Constitution of India
Are we to permit professional bodies to set aside the Rules of Natural Justice ?
It is also relevant to note and consider the history and the development of our legal system.
Did not Mahatma Gandhi, Sardar Patel Pandit Nehru Phirozshah Mehata practiced in India and also abroad despite of the fact they were qualified in England ?
Is it not true that a great Diplomat and Politician named Krishna Menon held the political offices in India and also in England?
In the modern days of compuer technology jurisdiction boundaries are so to speak becoming faint
Advocates may not necessarily have to appear in the court because as we all know desk bound lawyers who only do the advisory work i. e as Solicitor can work anywhere from the world
So this debate should please be considered in the broder perspective bearing in mind the massive globlization .
In my view we Lawyers should be devoting much more time in considering how to reform our existing laws so that there can be justice for all people in india rather than trying to serve and keep as clients only the rich and famous and the multi nationals .
Time has come that we lawyers come out of our own ''ivory castle'' and do some pro-bono work otherwise the so called NGO with their hidden agenda will divide the society to the extent that we might loose our national identity which is of much more importance then the dual nationality or OCI etc
Best Wishes &
Kind Regards
Bhupendra k vyas

If you look at the Chapter 1 of the Advocacy Act, Point 2 "Definitions", subpoint (ix) it states, "(xi) 'Indian or Indian national' used in these Rules means a natural person having citizenship of India and includes Non Resident Indian or Person of Indian Origin enjoying double citizenship in India." And so, this clearly implies that Indian or Indian National, wherever it is used in this Act is a person having citizenship of India OR non-resident Indian or Person of Indian origin.

Now if you look at Chapter V Recognition of Degree in law of a Foreign University," point 37. "Degree of a Foreign University obtained by an Indian citizen" it states:
"If an Indian national having attained the age of 21 years and obtains a degree in law from a Foreign University such a degree in law can be recognized for the purpose of enrolment on fulfillment of following conditions:

(i) completed and obtained the degree in law after regularly pursuing the course for a period not less than three years in case the degree in law is obtained after graduation in any branch of knowledge or for a period of not less than five
years if admitted into the integrated course after passing +2 stage in the higher secondary examination or its equivalent; and
(ii) the University is recognized by the Bar Council of India and candidate concerned passes the examination conducted by the Bar Council of India in substantive and procedural law subjects, which are specifically needed to practice law in India and prescribed by the Bar Council of India from time to time as given in the schedule XIV. Provided that those who joined LL.B. course in a recognized Foreign University prior to 21st February, 2005 the date of notification in this regard by the Bar Council of India need not seek for such examination, other aforesaid condition remain same.

Provided the same privilege shall be also extended to Persons of Indian Origin having double citizenship in India."

So what we can see from this is that Indian National includes citizen of India, NRI or PIO. However, to practice in India you have to have the citizenship requirement AND education requirement. What I mentioned was the citizenship requirement for PIO's. The education requirement is to have the law school in US or any other country get recognized by the Bar Council of India. This is a free process. Then that makes you as a PIO eligible to sit and take a six paper bar examination for Indian nationals (including PIO's). Upon passing this examination then a PIO can completely practice in India. I believe the newest version of the Advocacy Act extends Indian national definition to OCI also. So if one is a PIO or OCI, the above process is required to be able to practice in India.

If you look at the Chapter 1 of the Advocacy Act, Point 2 "Definitions", subpoint (ix) it states, "(xi) 'Indian or Indian national' used in these Rules means a natural person having citizenship of India and includes Non Resident Indian or Person of Indian Origin enjoying double citizenship in India." And so, this clearly implies that Indian or Indian National, wherever it is used in this Act is a person having citizenship of India OR non-resident Indian or Person of Indian origin.

Now if you look at Chapter V Recognition of Degree in law of a Foreign University," point 37. "Degree of a Foreign University obtained by an Indian citizen" it states:
"If an Indian national having attained the age of 21 years and obtains a degree in law from a Foreign University such a degree in law can be recognized for the purpose of enrolment on fulfillment of following conditions:

(i) completed and obtained the degree in law after regularly pursuing the course for a period not less than three years in case the degree in law is obtained after graduation in any branch of knowledge or for a period of not less than five
years if admitted into the integrated course after passing +2 stage in the higher secondary examination or its equivalent; and
(ii) the University is recognized by the Bar Council of India and candidate concerned passes the examination conducted by the Bar Council of India in substantive and procedural law subjects, which are specifically needed to practice law in India and prescribed by the Bar Council of India from time to time as given in the schedule XIV. Provided that those who joined LL.B. course in a recognized Foreign University prior to 21st February, 2005 the date of notification in this regard by the Bar Council of India need not seek for such examination, other aforesaid condition remain same.

Provided the same privilege shall be also extended to Persons of Indian Origin having double citizenship in India."

So what we can see from this is that Indian National includes citizen of India, NRI or PIO. However, to practice in India you have to have the citizenship requirement AND education requirement. What I mentioned was the citizenship requirement for PIO's. The education requirement is to have the law school in US or any other country get recognized by the Bar Council of India. This is a free process. Then that makes you as a PIO eligible to sit and take a six paper bar examination for Indian nationals (including PIO's). Upon passing this examination then a PIO can completely practice in India. I believe the newest version of the Advocacy Act extends Indian national definition to OCI also. So if one is a PIO or OCI, the above process is required to be able to practice in India.

Dear person of indian origin

You are obviously referring to an Advocates Act that is not available to the rest of us. May be you are looking at a proposed amendment. The Advocates Act 1961 I have access to, does not define Indians or India nationals.

see www.barcouncilofindia.org/legal-educatio...rules-chapter-1.php. The definiton there is

xi) “Indian or Indian national” used in these Rules means a natural person having citizenship of India and includes Non Resident Indian or Person of Indian Origin enjoying double citizenship in India.

The Rules on Legal Education (“Education Rules”) were approved and adopted by the Bar Council of India at its meeting held on 14th September, 2008. These Rules have been made under inter alia, Section 24(1)(c)(iii) and (iiia) of the Advocates Act, 1961 for the purpose of setting standards for legal education and recognising of degrees in law for the purpose of enrolment as an advocate.

Section 24(1) of the Advocates Act, 1961 sets out various conditions for enrolment as an advocate. Of this Section 24(1)(a) requires Indian citizenship at the time of enrollement. Section 24(1)(c) sets out the educational qualifications needed.

It is interesting to note that the Education Rules are useful only in interpreting Section 24(1)(c) and not Section 24(1)(a).

Section 2(ix) of the Education Rules states that (xi) “Indian or Indian national” used in these Rules means a natural person having citizenship of India and includes Non Resident Indian or Person of Indian Origin enjoying double citizenship in India.

The sad part is that India doesn’t permit dual nationality and hence the phrase ‘double citizenship’ is very bad drafting. Further, Section 24(1)(c) does not use the words “Indian” or “Indian national.” Section 241(a) uses the words “citizen of India” and it is this phrase that needs to be interpreted.

In any event, the Education Rules can be taken to reflect the widespread acceptance that even Overseas Citizens of India can be Advocates if they were Indian citizens at the time of enrolment. Can they also be taken to mean, that the Bar Council of India would permit an OCI to enrol if s/he has a
recognised foreign degree?

Shall we wrap up all the fuss?

If you are a PIO or an OCI, and you have a bachelors degree and a law degree from a foreign qualifying university, then you are eligible to enroll as an advocate in India.

If you have completed or started a qualifying foreign law degree before February 2005, you don't even need to sit for any further examinations in India.

Logically extending this, a foreign national who has a bachelors degree and a law degree from a foreign qualifying university is 'duly qualified' and should be able to take advantage of the reciprocity provisions within the Advocates Act.

It's quite clear that Indians can practice in the US, or the UK, or virtually any other jurisdiction for that matter, if they are duly qualified to do so. Therefore, foreigners who hold degrees from qualifying foreign universities must also be duly qualified in India.

Ironic isn't it, that all those Indian nationals who went to Buckingham and Cardiff can practice law here without having sat a single Indian legal paper?

On that basis, the 'intellectual' argument for keeping foreign lawyers out of India is, and always has been, utter nonsense.

Period.

www.business-standard.com/india/news/oci...14/48/345700/economy here it is. Legislative intent to the fullest to allow OCI's to practice law in India. Question still remains about those who are eligible to be OCI's and are foreign born Persons of Indian origin. There is no Foreign direct investment policy in regards to the legal industry. It would be wise to allow such FDI because the law for partnerships is that advocates can only form partnerships with other advocates. If PIO's are eligible, then Indian law firms can start finally moving out into the US and UK legal market; thus grow and provide more jobs for Indians.

Additionally, since the amount of Indian-Americans for example is a few million, the amount of Indian-American lawyers is very low and those who want to facilitate US-India business even lower. Thus, branches set up in India would undoubtedly have to hire Indian trained and qualified lawyers, providing more jobs for Indians.

Janet Depening is a partner of Depening and Depening, headquartered in Chennai. She is a foriegn citizen and not even a qualiied lawyer.

Ajay Bhargava, Partner of Khaitan &Co is a foreign national and enrolled with bar Council for the fist time as a foreign national

I guess its a free for all

My question is the other way round....can an OCI be enrolled with the bar council of India if he/she has successfully completed the LLB degree from any of the law colleges in India? And then practice as an advocate in any of the Indian courts?