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General Counsels’ Association of India Seeks Statutory Recognition for General Counsel from Law Ministry

GCAI Seeks Law Ministry’s Support for Statutory Recognition of General Counsels

Request for Recognition

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) has 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.

Importance of Regulation

Dr. Sanjeev Gemawat, founder of GCAI, emphasized the importance of regulating and recognizing over 50,000 general counsel practicing law in India. The representation highlighted that the corporate sector is managed by trained legal practitioners who deal with various facets of Indian laws, regulatory compliances, adjudication, arbitration, and litigation. However, these practitioners are not recognized as “advocates” under Indian laws and thus are not regulated by any professional code of conduct or regulatory body.

Proposed Amendments

GCAI suggested amending Indian laws, primarily the Advocates Act, 1961 and the Bar Council of India Rules, 1975, to ensure due regulation and recognition for the legal services provided by general counsel.

Vision and Support

Dr. Gemawat shared his views in a press release, stating:
“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.”

Alignment with Progressive Steps

The Association believes that the proposed amendments align with recent progressive steps undertaken by the BCI, including allowing foreign law firms and foreign lawyers to practice in India. Such changes would restore the rights and status of legal practitioners in the corporate sector and integrate them with the broader legal ecosystem. GCAI further states that these corrections would not only benefit the corporate sector but also enhance the availability of legal services to society at large.

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