You can consider a few things. First, the 22 July 2021 notification from the MHA that says an OCI holder has parity with NRI's for the purpose of pursuing the practice of law. Second, the proviso to Section 24(a) of the Advocates Act, which says that you can enroll as long as the country of which you are a national allowes Indian's to practice. So if you are a citizen of UK or the US, you should be fine.

Based on this, I think what is determinative is which country are you a citizen of actually.

Finally I sometimes wonder about Harish Salve. I have my doubts that he has retained an Indian passport.

This is very helpful, thank you so much!

I do hold a passport from one of the countries you mentioned. Quick follow up - would your advice change in light of this: https://supremetoday.ai/supreme-court-dismisses-oci-nri-parity-bar-membership-20260224079

From what I could gather, this is a case where a person was not allowed to stand for election in Gujarat Bar Council on the ground that they were an OCI. Which is different from your situation. While of course J. Bagchi’s remark that the MHA notification can’t change the Act is maybe a bit concerning, it isn’t law till he passes a judgment on it. Also it seems like he missed the proviso. All told, I stand by my earlier opinion.

Hi- I've been practicing for the last seven years, and am an OCI (US). As the other comments correctly point out- it depends on which country you're a citizen of- if Indian citizens are permitted to practice there, you'll be allowed to practice here.

The second issue is which bar council you intend to register with. Delhi (where I practice) is very good towards OCI cardholders- they see this routinely, and will help you out with the process. Someone I know tried in TN, but they made life quite difficult for them. This depends from state to state.

Good luck! Just declare everything honestly on the bar admission form and you'll be fine. :)

This analysis is very helpful, thanks. I had a few follow-up questions: you’re practicing law under the reciprocity arrangement then, right? Are there any restrictions that you have to follow - certain matters that you can or cannot do? And do you need to pay the amount specified under the new Bar Council Rules for foreign lawyers?

Would it be possible to contact you? I have a very specific query in this regard. In exactly this situation and really conflicted about how to proceed, esp. in light of the recent SC judgement on this topic. Would be grateful if you could share contact information or let me know how to find you somehow.

Actually succeed in life first. People don't just get foreign citizenships by putting their hands in a hat and pulling out the first passport that they find. They get it by working their backsides off. That foreign passport is usually just one small representation of years of hard work, of self doubt, of wondering whether you are good enough, of sleepless nights, of not taking holidays when others do, of taking up five extra assignments at work when the average high performer at most takes up one or two, and increasingly, of having also studied in that country. Do that first, then give big big lectures. Also, have some basic empathy for people. Some people need it. One person I know needs it because of his family circumstances: he has a British passport but his mother and his adult sister, who is severely autistic, live in India and can't be brought to the UK in part because of medical problems the mother is facing, in part because family reunion in the UK is difficult, next to impossible, and in part because this person's son (living in the UK) has a medical condition that makes it very difficult for him to work at all.

There is a good deal of hypocrisy among OCI holders. I will grant you that. I have personally come across somebody with a British passport who is a partner at an Indian law firm (who made sure to change her own daughter's passport from Indian to British in the girl's middle school years) tell me, when my ambition to establish myself in legal practice in Britain was still at quite a baby stage, that having anything British on your profile makes the lives of Indians miserable in India and everywhere else in the world (happy to confirm that two British university degrees and a few other British qualifications have not had this unhappy consequence). If that's the case, then the visa free travel should not be worth it, correct?

Also, I don't know, but you seem really privileged and secure in life. Perhaps you are sure that nothing will ever happen to you in your life that will make you want to fundamentally change your circumstances. Or perhaps you are bitter because you have nothing to lose and want to throw up your bile on people who have done you no harm. I don't know what special knowledge or privileges you have, but despite being wealthy, I don't necessarily feel secure enough in any country not to want the possibility of an easy get-out card if I can get hold of it - who knows when I might need it. This stupid comment is a classic demonstration of why I say learn lessons from the Jewish people in the west who have western and Israeli passports. At least that gives them a get-out card from either country if they need it - and after what the world's Jews have suffered, they have every justification to want to have such an option. You never know what'll happen to you so don't have a go at people who are making careful life choices and keeping their eggs in multiple baskets. Also remember that even these life circumstances that give you options also can cause headaches in and of themselves - think of double taxation in regard to UK-US dual citizens. Take me as an example. When finally I do manage to become eligible to give up my Indian passport and take up a British one, one of the factors I will have to consider is the huge problems that having an OCI would cause were I to try joining the British diplomatic service (working in international relations has been one of the things I have wanted to do for a few years now). That is certainly one of the considerations I will take into account when deciding about whether or not to take up an OCI - and if it is of interest to you, it might very well lead to me deciding not to take up one, for now at least.

I enrolled with the Bar Council as a full Indian citizen but subsequently took foreign citizenship (and OCI) and continued to practice in the High Court for years on the basis of the MOIA notification explicitly permitting practice of law as advocates by OCI holders. Of course in practice no one asked me about my citizenship (since I enrolled before I gave up my Indian citizenship) but the Notification explicitly allows it - you should be able to enrol by showing the Bar Council the notification (I am now inhouse so it is not an issue for me anymore).

That Supreme Court case someone linked is really bad - it looks like they didn't admit the WP at all, and in any case it's crazy that no one placed the MOIA notification before the Court. I don't think it should bar you from enrolling.

I had one grandparent who was born abroad even though my parents and I were all born in India. That's enough to get citizenship depending on the foreign country. But I just never applied for it and took the foreign citizenship till after I became an adult and after enrolling as an advocate etc.

You can ask any questions here if you want, and I'll check when I have time, but I don't really know much more than what is in my original post - I never had enrollment issues because I was an Indian citizen with an Indian law degree when I enrolled. I never told the Bar Council when I took foreign citizenship (it wasn't a secret - my friends etc knew.- but I never notified anyone formally, except for surrendering my Indian passport and getting OCI of course). I looked at the MOIA notification and I figured I could continue practicing law.

I suppose if I was being very technical there was a brief period after I took foreign citizenship but before my OCI was issued when technically I was in breach of the law, but in practice it didn't matter.