Returning to India
11 Sept 2013, 04:43
I got my law degree in 1999, enrolled as an advocate in Kolkata, worked in Mumbai for two years and then went to the UK in 2001. Around 6 years ago, I acquired British nationality and surrendered my Indian passport. I got an OCI. I now plan to return to India and work for a law firm. The question is, can I? Someone said the Advocates Act says that to enroll as an advocate, you need to be an Indian citizen. It does not address the issue of what happens if one ceases to be an Indian citizen after enrollment. I’m sure there are many precedents. Has any Bar Council objected to a returnee like me practising in India? My other option is to go in-house in India, which does not require me to be an ‘advocate’.
2 Replies
It’s not an issue. If you have OCI you can practise as an advocate in India.
See this gazette notification from the Ministry of Overseas Indian Affairs which specifically permits OCIs to be advocates in India:
http://moia.gov.in/pdf/oci\_notifi2009.pdf
Besides, even without the above notification, you have a strong argument that (as you say) you only need to be an Indian citizen to be enrolled as an advocate, not to remain one. Of course, this argument hasn’t been tested in court, but you can safely rely on the MOIA notification.
Helpful guy, thanks, that’s very useful