VidhiSangh

Supreme Court of India · 13/03/2018

BAR COUNCIL OF INDIA versus A.K. BALALJI AND ORS.

[2018] 3 S.C.R. 229 · 2018 INSC 235

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Summary

In its 2018 ruling, the Supreme Court held that practice of law includes litigation and non-litigation work and that foreign lawyers and firms are subject to the Advocates Act’s regulatory requirements. It qualified the Madras High Court’s exceptions: only genuinely casual visits fell outside practice; participation in international arbitration was not an absolute right; and outsourced services required assessment of their substance rather than label. The Bar Council and Union retained liberty to frame appropriate rules.

Issues

  1. Whether the Advocates Act extended to non-litigation work and advice on foreign law in India.
  2. How casual visits and international commercial arbitration participation were to be treated.
  3. Whether outsourced-service labels conclusively excluded legal-profession regulation.

Provisions considered

Held

Result

Appeals disposed of: Bombay High Court view upheld and Madras High Court exceptions modified concerning casual visits, arbitration participation and outsourced services, with liberty to frame appropriate rules.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 229.