Chief Justice of India JS Khehar while inaugurating an All India Seminar of the International Law Association supported entry of foreign lawyers into the Indian legal sector which will open up India’s legal field to foreign players and improve the system but said there should be on the basis of reciprocity between their countries. Further, Indian lawyers should have no apprehensions that they would take away their business.
This is also as per the Advocates Act, 1961 that permits lawyers from a country can be to practice in India if that country permits Indian lawyers to practice in its jurisdiction. Hence, reciprocity shall be followed.
Bar Council of India and the state Bar Councils regulates professional conduct of 1.2 million lawyers in India.
Chief Justice has further expressed his concern over the future of children and rights of such children in the bad marriages abroad and said “child right is vital” and Indian judiciary shall have concrete and competent legislation to handle such cases.
The infamous Hague Convention deals with the issue of child custody of the parents living abroad following a matrimonial discord. J. Khehar supported the claim that India should ratify this Convention.
Chief Justice of India JS Khehar Speech highlights:
- “I feel international exchange of lawyers will improve the system. If anybody thinks foreign lawyers will come to India and snatch our professional positions and substitute us, it’s not correct. Indian lawyers are no less than those across the world.
- “But reciprocity has to be insisted upon”
- “Indian legal profession had grown over a short period of less than 70 years to possibly become the world’s largest and most influential in the matter of governance”.
- “With the advent of globalisation, the legal profession in India has undergone a major shift during the last two decades. Economic liberalisation has given an opportunity of constant interaction with foreign law firms and an international clientele. “
- “As a result, there has been a transfer of knowledge, systems and practices to Indian law firms, such that they are able to undertake a much larger role in cross-border transactions”