Following a similar request made by the Society of Indian Law Firms (SILF) to the Bar Council of India (BCI), the General Counsels’ Association of India (GCAI) submitted a representation to Union Minister of State for Law and Justice Arjun Ram Meghwal seeking statutory recognition of general counsel and in-house lawyers as legal practitioners.
Dr Sanjeev Gemawat, founder of GCAI, apprised the Minister that regulation and recognition of over 50,000 general counsel practicing law in India is extremely important.
GCAI’s representation to the Minister highlighted that the corporate sector is being looked after by trained legal practitioners. However, even though they deal with all facets of Indian laws, regulatory compliances, adjudication, arbitration and litigation, they are not recognised as “advocates” under Indian laws, thereby not being regulated by any professional code of conduct or a regulatory body.
Therefore, GCAI suggested that there should be a suitable amendment to Indian laws, primarily the Advocates Act, 1961 and the Bar Council of India Rules, 1975, so that due regulation and recognition are provided to the legal services by general counsel.
Sharing his views, Gemawat said in a press release,
“Since its foundation, the vision of GCAI has been to create a distinct professional identity for General Counsels and institutionalize the in–house legal function as a separate specialized stream of legal practice. Our meeting with the Law Minister, Shri Arjun Ram Meghwal, is a big step towards making this vision a reality. It was heartening to see Shri Meghwal ji’s appreciation of the contribution of in-house counsels to the growth of the country’s economy and his commitment to India’s Viksit Bharat 2047 vision. He has assured us of a positive and fair consideration so that General Counsels can have the same rights as advocates do under the current law.”
The Association believes that the amendments as proposed in its representation align with recent progressive steps undertaken by the BCI, including allowing foreign law firms and foreign lawyers to practice in India. Such change would not only restore the rights and status of the legal practitioners employed in the corporate sector, but would also integrate them with the legal ecosystem, it states. It further says that such a correction in the rules would not only benefit the corporate sector, but also enhance the availability of legal services to society at large.