Keeping Pace with Legal Change
This was a chaotic scene at the Karkardooma Court in Delhi this Tuesday afternoon. Rakesh Kishore, an already infamous senior lawyer was the victim of a physical attack. It was said that the seventy-one-year-old advocate was surrounded by an unknown number of people on the court premis
The Delhi high court has given a great relief to a big number of law students in a single order. The court has instructed law colleges based in Guru Gobind Singh Indraprastha University (GGSIPU) and Chaudhary Charan Singh University (CCS) to allow students with deficits in attendance to take their end-of-semester examinations.
Under the new Bar Council of India regulations, foreign lawyers and law firms may advise on foreign law, international law, and participate in international commercial arbitration within India. They are expressly barred from appearing in Indian courts or handling domestic litigation. Eligibility depends on a reciprocity principle, meaning the home jurisdiction of the foreign lawyer or firm must offer similar rights to Indian advocates. Applicants must register with the BCI, submit a no-objection certificate from their home regulator, and provide details of clients and the scope of their work.
Foreign lawyers without a local office are restricted to a cumulative stay of sixty days per calendar year, ensuring that prolonged engagements still involve domestic counsel. Registered practitioners must renew their certificates annually and comply with professional conduct rules as overseen by the BCI. These measures aim to balance the benefits of international expertise with safeguards for India’s legal community.
First-generation advocates often find themselves at a disadvantage when it comes to securing courtroom assignments. In many high courts and the Supreme Court, case rosters are influenced by informal relationships and long-established networks. Senior advocates and prominent law firms receive priority, while new entrants struggle to gain visibility. Without invitations to argue important matters, these lawyers miss critical opportunities to build reputations, hone advocacy skills, and attract clients.
The absence of transparent criteria for assigning cases exacerbates this imbalance. Clerks and court officers frequently rely on personal discretion rather than a merit-based process, and clients default to familiar names even when fresh talent is available. This perpetuates a cycle where first-generation advocates remain on the periphery, unable to demonstrate their capabilities on high-stakes platforms. As a result, the profession loses out on diverse perspectives, and justice delivery risks becoming insular and less responsive to the needs of a varied populace.
In summary, whether the Bar Council of India can inspect law colleges is based on its statutory obligation to regulate legal education and maintain professional standards. The law gives the BCI some powers to ensure that law colleges comply with set standards, and inspections are one of the ways to confirm compliance. Supporters contend that such inspections are necessary to uphold high standards of legal education and ensure that graduates are adequately equipped to join the legal profession. They are of the view that periodic monitoring by the BCI can assist in the detection of shortcomings and spur improvement, ultimately benefiting the legal system as a whole.
The legal profession in India is held to high ethical standards, emphasizing integrity, impartiality, and dedication to justice. Advocates are expected to serve society by upholding the law, rather than engaging in commercial activities that could compromise their objectivity and the profession’s dignity.
