Research Summary: Web Search
A Barrister qualified to practise in the United Kingdom can practise law in India, but there are specific
limitations and requirements that must be met. The key points are as follows:
Requirements for Practising Law in India
1. Qualifying Examination:
A UK-qualified Barrister must appear for the "qualifying examination for Indian nationals
holding foreign degrees" conducted by the Bar Council of India (BCI). This examination
consists of six theoretical papers, three of which are open-book and three are closed-book
exams.
2. Enrolment with State Bar Council:
After passing the qualifying examination, the Barrister must enrol with a State Bar Council
in India. This enrolment is necessary to be recognized as an advocate in India.
3. All India Bar Examination (AIBE):
Post-enrolment, the Barrister must clear the All India Bar Examination (AIBE) to practice
law in Indian courts.
Limitations on Practising Law
1. Scope of Practice:
Foreign lawyers, including UK-qualified Barristers, are permitted to provide legal advice
only on foreign and international laws. They are restricted to non-litigation areas and
cannot appear before any Indian court, tribunal, board, statutory or regulatory authority.
2. Reciprocity Principle:
The principle of reciprocity applies, meaning that foreign lawyers can practice in India
only if Indian lawyers are allowed to practice in their home country. This is outlined in
Section 47(1) of the Advocates Act, 1961.
3. Registration and Licensing:
Foreign lawyers must obtain a registration certificate from the BCI, which is valid for five
years. They must apply for renewal six months before the expiration of the certificate and
pay the requisite fees.
4. Professional Ethics and Conduct:
Foreign lawyers must adhere to the same ethical and professional standards as Indian
advocates, as per the Advocates Act, 1961, and the rules framed thereunder.
Conclusion
While a UK-qualified Barrister can practice law in India, they must navigate a series of examinations and
enrolment processes. Their practice is limited to advisory roles on foreign and international laws, and they
are not permitted to engage in litigation within Indian courts. The principle of reciprocity and adherence
to professional ethics are also crucial factors in their ability to practice in India.
Sources
1. Transforming from Foreign Law Qualifications to practising as a ..., from date April 01,
2021: https://www.scconline.com/blog/post/2021/04/01/transforming-from-foreign-law-
qualifications-to-practising-as-a-legal-professional-in-india/
2. Opening Doors For Legal Convergence: Unveiling Bar Council Of ..., from date N/A:
https://www.legalserviceindia.com/legal/article-13909-opening-doors-for-legal-
convergence-unveiling-bar-council-of-india-s-rules-for-foreign-lawyers-and-law-firms-in-
india.html
Final Research Note
Practising Law in India as a UK-
Qualified Barrister
A Barrister qualified to practise in the United Kingdom can practise law in India, but there are specific
limitations and requirements that must be met. Below is a comprehensive overview of the necessary steps
and restrictions:
Requirements for Practising Law in India
1. Qualifying Examination:
A UK-qualified Barrister must appear for the "qualifying examination for Indian nationals
holding foreign degrees" conducted by the Bar Council of India (BCI). This examination
consists of six theoretical papers, three of which are open-book and three are closed-book
exams.
2. Enrolment with State Bar Council:
After passing the qualifying examination, the Barrister must enrol with a State Bar Council
in India. This enrolment is necessary to be recognized as an advocate in India.
3. All India Bar Examination (AIBE):
Post-enrolment, the Barrister must clear the All India Bar Examination (AIBE) to practice
law in Indian courts.
Limitations on Practising Law
1. Scope of Practice:
Foreign lawyers, including UK-qualified Barristers, are permitted to provide legal advice
only on foreign and international laws. They are restricted to non-litigation areas and
cannot appear before any Indian court, tribunal, board, statutory or regulatory authority.
2. Reciprocity Principle:
The principle of reciprocity applies, meaning that foreign lawyers can practice in India
only if Indian lawyers are allowed to practice in their home country. This is outlined in
Section 47(1) of the Advocates Act, 1961.
3. Registration and Licensing:
Foreign lawyers must obtain a registration certificate from the BCI, which is valid for five
years. They must apply for renewal six months before the expiration of the certificate and
pay the requisite fees.
4. Professional Ethics and Conduct:
Foreign lawyers must adhere to the same ethical and professional standards as Indian
advocates, as per the Advocates Act, 1961, and the rules framed thereunder.
Conclusion
While a UK-qualified Barrister can practice law in India, they must navigate a series of examinations and
enrolment processes. Their practice is limited to advisory roles on foreign and international laws, and they
are not permitted to engage in litigation within Indian courts. The principle of reciprocity and adherence
to professional ethics are also crucial factors in their ability to practice in India.
