The Delhi High Court has directed the Bar Council of India (BCI) to enroll a South Korean attorney, Daeyoung Jung, within two days, accusing the council of being inflexible on the issue.
The court’s order came from a Division Bench of Justices Prathiba Singh and Rajneesh Kumar Gupta on March 18, following an appeal by the BCI challenging a Single Judge’s May 2023 decision. The Single Judge had overturned the BCI’s initial refusal to consider Jung’s enrolment due to his foreign nationality.
Jung graduated in law from the National Academy of Legal Studies and Research (NALSAR) in Hyderabad in 2016. He has resided in India for more than 16 years and now serves in the public policy domain at Invest India, an NGO under the Department for Promotion of Industry and Internal Trade (DPIIT).
In February 2019, Jung had approached the Bar Council of Delhi for enrolment but was rejected on the grounds that the Advocates Act does not allow foreign nationals to be enrolled as lawyers. Jung then sought intervention from the Delhi High Court in 2020.
In May 2023, a Single Judge ruled in his favor, instructing the BCI to process his enrolment. The court highlighted that there is no nationality-based restriction preventing Indian citizens from practicing law in South Korea and that foreign nationals can also take the bar exam there. Despite the ruling, the BCI delayed processing his application and filed an appeal, prolonging the matter further.
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Court Criticizes BCI’s Inaction
On March 18, the BCI was scolded by Justice Prathiba Singh for not obeying the court’s previous ruling. She challenged the BCI’s position, stating, “He has been in India for 16 years, he has studied in NALSAR. What are you saying? You give him the enrolment. This is absolute contempt by the Bar Council; you can’t do this.”
Justice Singh further noted the changing global landscape of legal practice, emphasizing that many countries no longer have strict nationality-based restrictions. She added, “You can’t be so rigid now…this can’t be done.”
The BCI argued that foreign nationals’ enrolment in India requires a reciprocal agreement with the applicant’s home country. The council claimed that such a reciprocity arrangement with South Korea does not exist.
BCI chairman and veteran lawyer Manan Mishra had raised the fear that permitting Jung’s enrollment would open a “floodgate” for lawyers from other countries in the neighborhood, such as Pakistan and Nepal.
Curiously enough, the BCI relaxed rules in March 2023 by permitting foreign lawyers and law firms to get enrolled in India to advise on foreign law and corporate deals. They are, however, not permitted to practice Indian law or argue cases in Indian courts.
What Lies Ahead
With the court imposing its deadline for today, the BCI has to follow through with the court order and extend Jung’s enrolment. This ruling would determine a precedent to be followed for other similar foreign nationals seeking entry into Indian bar practice.
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