The Union law minister Veerapa Moily has publicly said for the first time that the entry of foreign law firms was more of a "transitional problem" rather than "perennial" and that minds should not be shut to "big ideas", while reasserting the need for "proper capacity building".
The law minister (pictured left) said that he echoed the government's opinion while responding to questions on whether foreign law firms should be allowed to operate in India during a press conference in New Delhi on 13 June, according to several news reports.
"We should not shut our minds to the big ideas," Moily reportedly said on the entry of foreign firms, adding: "It is a transitional problem, I don't say this is a perennial problem."
While stating that the government did not favour the entry of foreign law firms, he said that "at the same time, government is discussing it".
However, Moily added that the fears of Indian lawyers would first be taken into consideration before arriving at any decision and refused to "value judge" when asked if the bar councils were justified in opposing foreign firms. "Their fears and apprehensions need to be addressed and it is the duty of the government to address that."
Describing it as a "pending issue", he noted that the Bombay High Court has given a judgement and now the matter has come before the Madras High Court.
Elaborating on a question related to the Chennai writ petition against 30 foreign law firms and a legal process outsourcing (LPO) company, he said that "the government cannot have a view on this" as the issue was sub-judice in Madras High Court.
"It is being agitated… it will come up again immediately after the (court) vacation," Moily said.
He noted that the apprehensions of the Indian lawyers were not unique and that the United Kingdom and China had faced similar problems in the past when foreign law firms wanted entry but that the concerns were overcome later.
Restating his previous position on the issue, he also added that the Government would work for the capacity building of lawyers in order to put them on par with lawyers abroad. He said that the entry of foreign law firm cannot be a "one-way traffic". "It has a lot of facets, lot of components. We need to address all of them together. We can't open the door and invite them."
While Moily has in the past often talked about foreign law firms at press conferences claiming that the government would take a decision soon after consulting all stakeholders, this appears to be the first time that Moily has publicly adopted a marginally softer stance on the issue by suggesting minds should not be shut to "big ideas".
Minds open to 'big ideas'; Law min Moily softens stance on foreign law firms?
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can't believe ppl take moily seriously. ever since he took over he's been making grand statements but has done nothing. he is the worst minister bcoz the other non-performers don't at least make empty boasts like this guy.
some examples of moily's empty promises and non-performance: speedier trials, police reforms, dinakaran issue, gender-sensitive justice, amendment of IPC to impose stricter penalties, land acquisition laws, justice for sikh riot victims, women's bill, new high courts, circuit benches of SC in other cities,
Do people forget that Moily was charged in the JMM bribery case and got acquitted only on technical grounds? Do people forget that he was among those who pushed for caste to be included in the census? Can such a person be expected to reform the system?
Bar council of India should come out the shell and embrace change. Perform or perish is the mantra. Its utter non sense that a case drags for 15-20 yrs, which results in minimum/no punishment.
Judiciary needs a overhaul. Crimes come down with speedy justice.
IF ANY OF YOU HAVE EVER VOTED CONGRESS OR PLAN TO VOTE FOR RAHUL BABA IN 2014, GO **** YOURSELVES.
"BTW, Moily is the best law minister India ever had. Major reforms are underway. Lawyers and judiciary will benefit in the long run(After 6-10 yrs from now."
hahahahaha... why don't u also say that shivraj patil was the best home minister india ever had? You think that a law minister who takes 6-10 years to implement things is good?? And FYI there are not even minor reforms that are underway. moily has done nothing. it is moily who jarnail singh should have thrown a shoe at, bcoz he and not PC should be blamed for the fiasco over the sikh riots cases.
I request you to air the views of the silent majority. LI's coverage has been most unfair and lop-sided.
@ #8 ... NLU grads views are simple - allow foreign firms, and let us get more job options. It will ensure that Indian firms stop running the business as a family shop n they will treat associates better. Also, quality will only go up up up and the "profession" will become more professional.
While this debate will go on and on, and some senior solicitors will claim that they are thinking of “sustainable development” and not short term benefits, they are yet to give a reasoned argument. If a good reason is shown from sustainability perspective, and if we are missing some bigger picture, we would agree. But we are in a vicious circle of never-ending same-points-repeated talks.
As a junior lawyer, my argument is simple …. If foreign firms come with some terms like (a) recruit 70% Indians (b) key management to have at least 51% Indians (c) revenues not to leave India, and (d) only transactional work to be allowed, then it will not harm anyone (except few top solicitors). At least, no argument to the contrary has been made, leave alone being established. I think we junior lawyers would love to be part of a “profession” where we are treated with respect. As of now, only few firms deal with us that way.
#9
What I do find very interesting is that lawyers at the BCI and elsewhere assume that we are pro-liberalisation while those who are pro-liberalisation assume that we must be in bed from the anti-liberalisation lobby.
I guess if nothing else, the fact that we have managed to upset both sides of the debate is evidence of balanced journalism of some sort.
If I remember rightly, we did do a web poll right in the early days of Legally India, which showed that readers were in favour of foreign firms coming in.
We will run something along those lines again soon, though I do not think the findings will be news to anyone.
Best regards,
Kian
And I think young partners of new firms must be introduced, esp those run by NLU grads like Fidus Legal, Aditya Sondhi, Rohit Das etc.
haha lol... moily really personifies the average indian lawyer. it's lawyers with such dubious english skills who are scared of liberalisation.
ok, so kapil sibal didn't want to be law minister, but is THIS the best replacement the italian lady could come up with? and moily's predecessor was bhardwaj!! what a joke this congress party is. we are returning to the rk dhawan days. [...]
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