India’s top court has ruled that foreign lawyers and firms cannot open offices or practice law in India, but are permitted to service clients on a “fly-in, fly-out” basis, according to media reports.

A division bench of the Supreme Court of India, comprising Justices Adarsh Kumar Goel and UU Lalit upheld on Tuesday a Madras High Court ruling on the same. “We hold that the expression ‘fly in and fly out’ will only cover a casual visit not amounting to ‘practice.’” 

However, the judges stated that these international lawyers will be governed by the Bar Council of India’s (BCI) code of conduct. “In case of a dispute [over] whether a foreign lawyer was limiting himself to ‘fly in and fly out’ on (a) casual basis for the purpose of giving legal advice to clients in India regarding foreign law or their own system of law and on diverse international legal issues or whether in substance he was doing practice which is prohibited can be determined by the Bar Council of India,” the bench ruled.  

The court added that the body or the central government would be “at liberty to make appropriate rules in this regard including extending the code of ethics being applicable” to foreign lawyers and firms. Currently, India’s Advocates Act allows only advocates on the rolls of state bar councils to practice law in India.

The Supreme Court further clarified that international lawyers would be limited to giving advice on foreign law, including holding conferences and more. It added they also do not have an “absolute right” to appear in international arbitrations, but can only do so under the relevant rules.