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Can foreign nationals of Indian origin be 'Advocates'?

  • Sadhwani
  • Sadhwani's Avatar
6 years 9 months ago #51 by Sadhwani
Hey guys,

I am an Indian citizen who will soon be a qualified lawyer overseas. My university is currently not recognized by the bar council of India. I might be admitted as a solicitor very soon.

If I choose to return to India, how would I be eligible to practice law? Do I need to sit the LLB again or can indian citizens who have qualified as solicitors overseas return and practice in India?

Will appreciate your response.
  • Rajen
  • Rajen's Avatar
5 years 4 days ago #52 by Rajen
Hello Sir,
I am from Pondicherry (TN Bar) born and brought up in India. I got my US Citizenship in 2008 and moved back to India as an OCI,aged 41. Enrolled in LLB in KSLU 2009 and completed in Jan 2014. Will I face problems for enrollment in TN BC ?

Thanks
Raj
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5 years 4 days ago #53 by Esquire
Dear Rajen,



You shouldn't have any problems. Under the s 7A Citizenship Act OCIs are considered Indian nationals (subject to certain caveats) and a Notification of the central government dated 5 January 2009 specifically states that OCIs "shall be entitled" to pursue "the following professions in India ... namely ... (ii) advocates ...". If you have any problems you can contact me directly on at , and I'll give you some more tips.


ESQUIRE
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5 years 4 days ago #54 by Esquire
Dear Sadhwani,


I don't know if anyone responded to this, but as far as I know you have two options: either you can ask the Bar Council of India to recognise your university. That might take some time. Or you can 'cross-qualify' as a solicitor. I don't know much about the latter route, but I think there is some guidance on it on the BCI web-site. I would suggest you contact them directly to enquire.


ESQUIRE
  • J.C.
  • J.C.'s Avatar
3 years 9 months ago #55 by J.C.
Hi,

I am an Indian National, practicing law since 2007. I am enrolled with the Bar Council of my State and have been practicing in the Trial Courts, District Court and High Court.

I am also eligible for foreign nationality.

Would like your advice as to the following:

A. If I register as a foreign national and obtain my OCI status, (considering I am a resident of India) does that permit me to continue practicing law?
B. If yes, do I need to carry out any correspondence with the Bar Council for permission or do I need to intimate them of the same?

Thank You
  • Anonymous
  • Anonymous's Avatar
3 years 6 months ago #56 by Anonymous
Hi Kian, I am not sure if your question has been clarified.. LOok at SO 36 attached. OCIs can practice as lawyers in India.
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2 years 11 months ago #57 by Ferdi
All,
I have read all your views and reflections with great interest. I am an NRI holding an OCI card. I have graduated from a law college and India and used to practice law in India until recent.
I now intend and want to get back into practising law in India.
Is there any notification or has it been stated in any precedents that an NRI of Indian origin can practise law in India,?

Ferdi
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2 years 11 months ago #58 by Ferdi
Hey, I am in the similar situation as Kian. could you forward me the attachments where OCIs can practice as lawyers in India.

Your assistance is greatly appreciated

Thanks
Ferdi
  • CristinaFernandes
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1 year 2 months ago #59 by CristinaFernandes
Replied by CristinaFernandes on topic Can foreign nationals of Indian origin be 'Advocates'?
Good morning, Please note that this answer was given almost 9 years back. There is a government notification which allows NRIs and OCIs to practice law in India. A lot of mischievous people. If a OCI studied in India and knows the Indian law. Why cant he practice in ?. Competition only improves dedication and competence. Thank you.
  • Christy Fernandes
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1 year 2 months ago #60 by Christy Fernandes
Replied by Christy Fernandes on topic Can foreign nationals of Indian origin be 'Advocates'?
Good morning, Yes, there are government notifications and Supreme Court rulings which allow an NRI and OCI to practice in India. Provided they satisfy other requirements we can not see why they can not practice in India. What is required is knowledge. If they studied in India and know the Indian law, there is no reason to debar. Competition is good to improve dedication and competence. Thank you.
  • Christy Fernandes
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1 year 2 months ago #61 by Christy Fernandes
Replied by Christy Fernandes on topic Can foreign nationals of Indian origin be 'Advocates'?
Good morning, Yes, there are government notifications and Supreme Court rulings which allow an NRI and OCI to practice in India. Provided they satisfy other requirements we can not see why they can not practice in India. What is required is knowledge. If they studied in India and know the Indian law, there is no reason to debar. Competition is good to improve dedication and competence. Thank you.
  • Tirthankar Bose
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1 year 2 months ago #62 by Tirthankar Bose
Replied by Tirthankar Bose on topic Can foreign nationals of Indian origin be 'Advocates'?
Even I had the same question and finally got the answer.
Thanks for this thread.
Informative and helped me out
  • Anonymous
  • Anonymous's Avatar
1 year 2 weeks ago #63 by Anonymous
PIOs just get a card which can be carried along with their foreign passports, but they don't need an Indian visa if they have that PIO card. In other words, OCIs and PIOs cannot be Indian advocates.
  • Anonymous
  • Anonymous's Avatar
1 year 2 weeks ago #64 by Anonymous
So this is not any kind of issue.even many such candidates found to do practice in India.Even they have return from Uk and Us but they are doing practice in India.Practical knowledge matters.Degree can be from anywhere.
  • Sri Krishna Malisetti
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4 months 3 weeks ago #65 by Sri Krishna Malisetti
Replied by Sri Krishna Malisetti on topic Can foreign nationals of Indian origin be 'Advocates'?
Section 24 of the Advocates Act, 1961 provides that an advocate must be an Indian Citizen. During that time, the Citizenship was defined to be only one Citizenship and there was no Overseas Citizenship which came to force after 2000. However, when a Foreign National obtains Overseas Citizenship of India (OCI), in the OCI Card it is very much clearly written that the OCI holder can be on par with NRIs except in voting/electoral and acquired agricultural lands. Here we need to see that NRI is not foreign national but he is Indian national but residing abroad. So, the OCI holder is given privilege of being considered on par with NRIs means that the OCI holder is considered on par with the Citizen of India very clearly. So, the Foreign National with OCI Card, can enroll as advocate. But when the OCI card is not there, then Foreign Nationals cannot enroll as an advocate in accordance with Seciton 24 of the Advocates Act, 1961, unless and until it is amended.
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