Remember a couple of months back it looked like a done deal that foreign law firms would be allowed to gain Indian legal practicing licenses.. take a look at the following article just published in the Indian Economic Times…
The following comments by Dr Veerappa Moily look rather dubious to us.. either he’s made his decision and he’s just pandering to the various Bar Councils while he attempts to get his changes through.
Or and we think this more likely. Somebody has got under his skin and it looks like the protectionist bar councils have got the upper hand on the Law & Justice department in India yet again.
We’d love to know what you think.
Here’s the article in full
NEW DELHI: The ministry of law and justice is open to judicial reforms and opening up Indian legal services to foreign law firms, minister for
law and justice Dr Veerappa Moily said on the sidelines of an event held in New Delhi recently.
“We will bring about reforms in the legal sector only by arriving at a national consensus and taking the entire legal fraternity into confidence. We’ll set up meetings with the Bar Council of India and state bar associations to come to a conclusion on whether or not foreign law firms should be allowed to form partnerships with the Indian legal union. Let us discuss about it,” he said.
Mr Moily is scheduled to meet Bar Council of India chairman SNP Sinha on Monday to discuss the matter. A nod by the council could pave the way for the government to open up the legal sector to FDI — a decision it has kept in abeyance as many lawyers and law firms, who are also members of the council, have been strongly opposed to it. If allowed, foreign law firms will be able to invest in Indian firms, depending on reciprocity conditions.
“I hope they will (agree to) because these days the mind-set of the people is for reforms. I am sure the legal fraternity will be flexible on the issue. It’s just an outward projection of opposition that they have held,” Mr Moily said.
However, there would be changes required in the Advocates Act, 1961 and Bar Council regulations to allow foreign law firms to operate in India, he added: “There will be consequential amendment in the Indian Advocates Act, 1961 once we reach an agreement.”
The vexatious issue of opening the sector up for foreign investment is, however, far from being the chief concern of the new law minister. Legal reforms are expected to be high on the agenda of the ministry, according to Mr Moily.
“We will check that there are no delays in court cases and litigations pending in various courts in India. We have to take steps and drastically reduce government litigation. Even when there is no need to approach a higher court, appeals are filed.
