The General Counsels’ Association of India requested the Law Ministry to grant statutory recognition to general counsels. Similarly, the Society of Indian Law Firms has urged the Bar Council of India to expand attorney-client privilege and provide legal recognition to GCs.
New Delhi: 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.
The GCAI seeks statutory recognition of general counsel and in-house lawyers as legal practitioners.
Dr. Sanjeev Gemawat, founder of GCAI, informed the Minister about the critical need for regulation and recognition of over 50,000 general counsel practicing law in India.
According to Dr. Gemawat,
“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.”
The GCAI’s representation emphasized that although the corporate sector is managed by trained legal professionals, these in-house lawyers handle all aspects of Indian laws, regulatory compliances, adjudication, arbitration, and litigation without being recognized as “advocates” under Indian law. Consequently, they are not regulated by any professional code of conduct or regulatory body.
To address this, the GCAI proposed amendments to Indian laws, primarily the Advocates Act, 1961, and the Bar Council of India Rules, 1975. These amendments would ensure proper regulation and recognition for the legal services provided by general counsel.
Dr. Gemawat also expressed his optimism about the meeting with the Law Minister, stating,
“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 GCAI believes that these proposed amendments align with the recent progressive measures by the BCI, such as allowing foreign law firms and foreign lawyers to practice in India.
The association asserts that these changes will not only restore the rights and status of legal practitioners in the corporate sector but also integrate them into the broader legal ecosystem. Furthermore, this adjustment in regulations expected to benefit the corporate sector and enhance the overall availability of legal services to society.
This move is seen as a significant step towards professionalizing the field, setting clear guidelines and standards for practice, and ultimately contributing to the overall legal infrastructure in India. The association believes that formal recognition will not only benefit its members but also provide greater assurance to stakeholders and the public regarding the quality and integrity of legal counsel provided to corporations.