The Indian government will attempt to move the Chennai writ petition against 31 foreign firms to the Supreme Court in order to take a “broader perspective” and make a “final decision” on the entry of foreign law firms said law minister Veerappa Moily, according to newspaper reports.
“The Bombay High Court has rejected the entry of foreign law firms in the country. The matter is now before the Madras High Court. We plan to move a petition to transfer the matter to the Supreme Court so that a broader perspective could be obtained,” Moily said at a press briefing yesterday according to the Deccan Herald and the Economic Times.
As the government was one of the respondents in the Madras High Court writ petition it could move to have the case transferred to the Supreme Court, said Moily, to help the government take a “final decision”.
According to the Economic Times, the “British government had taken up the matter with the minister during his visit. Law firms in the UK have evinced keen interest in entering India. The Bar Council of India has been opposing the entry of foreign law firms. Mr Moily has always maintained that their concerns would be addressed before taking a final decision on the matter. He also pointed out that UK and China had faced similar problems before they opened their doors to foreign law firms.”
The Madras High Court decided on 7 July to serve the Chennai writ petition filed by AK Balaji on the foreign law firm respondents, as first reported by Legally India.
The government respondents’ counsels had asked for time while the law ministry and Bar Council of India would “frame guidelines” on the issue.
Indian corporate lawyers predicted that the petition would have little impact on the practice of foreign law firms.
Comments
Anywyas, Indian legal sysytem has a long way to earn some respect from other systems in the world. Simple cases take 15 years. Firms being sued for malpractice is unheard of. Training and market standard setting will probably take another 15 years to mature. Going by the Moily logic the markets should open when the Indian players reach a stage when they can compete.
The usual Nehruvian - Congress speciality of not taking decisions and keeping the matters hanging (excpet in case of Afzal Guru!!) until the intended beneficiaries die waiting and a new generation forgets all about it and instead fights for alternate disputes created by these people. Indeed they are fast to set up committes that take 15 years to come to a conclusion (and ensure an easy retired life for the chairman at our expense!). I am sure Mr. Moily is desperately looking for ways to do a OCngress special and not take any decision, or even let epole know what the 'stakeholders' want and until when should the country wait while the fat cats multiply their wealth..
I, son-of-the-soil (OK,slightly soiled), ask all my learned friends on this forum: what is practice of Indian, i.e., desi law?
If I am going to set up a factory in Patalganga in the state of Maharashtra, to give employment to the toiling masses, and I have a few lawyers sitting in Europe giving me advice (through email) on which Indian laws I have to comply with - will this amount to practise of "Indian law" (and therefore a direct violation of applicable Indian law)?
Or, to take another example, if the Mumbai or Delhi metro projects or the Delhi and Mumbai airports have appointed suppliers for various services, and some of these suppliers have been advised, and their contracts (for supplying the services in these two cities) have been vetted and reviewed, again by lawyers sitting in Europe, or by lawyers in India - but working for European companies or "consultancies", through the guise of LPOs. Will it not amount to practise of "Indian law"?
Dear friends, please enlighten my ignorant self....and the learned justices of the court (and also the hon'ble minister).
Sincerely,
Your humble self (no big or small name behind me).
Only me, the aam aadmni.
BTW: First get enlightened on how international firms advise on local law issues accross the world, or how contracts for major projects are negotiated for an MNC all over the world. Their local regulations and insurance policies anywyas ensure that they do not breach any local regulation. These two things are probably less effective in India.
If Infosys opens a facility in California, can lawyers sitting in Infosys’ in-house legal department in Bengaluru give advice to Infosys’ facility in the US on what US Federal and Califonia laws it will have to comply with…? That could be permitted under US laws, but I don’t think that is the position here.
If Barclays bank in-house lawyers in London drafts, vets or advises on a catering contract between Barclays bank and a canteen supplier for one of their bank branches in Mumbai, India – will it, or will it not, amount to practise of Indian law (various Indian labour laws, Food Safety and Standards Act, etc will obviously apply and the service will obviously be rendered in India).
Will it make any difference, if, in the unlikely event, the local caterer in Mumbai agrees to make the catering contract with the local Barclays branch be governed by the laws of Paraguay?
Can General Motors legal department in America, advise the GM subsidiary in India, what Indian laws its car factory in Gujarat will have to comply with. And then even negotiate (over the phone and email) with prospective Indian vendors, contracts for supplying parts, etc to that car plant?
This work could of course go to a local firm in India, and not necessarily to the big boy alleged monopolists.
If this is not practise of Indian law, please tell me what is…..
[Practise of Indian law: the miserable vakil saab on his ramshackle cycle, and tattered black coat trudging toward his chambers - a desk parked on stair no 17 leading to the main building of the local court?]
Btw, one thought. How can people be against foreign lawyers when our entire legal system is (a) foreign i.e British; and (b) in foreign language i.e English.
If Mr. Balaji, Mr. SILF and others are so opposed to foreign lawyers, for starters, drop English from the courts. Atleast Raj Thockeray will be happy.