By Sangeeta Sharma
New Delhi, July 27(LAB) Seeking greater statutory recognition for corporate legal professionals, the Federation of Indian Corporate Lawyers (FICL) has urged the Bar Council of India (BCI) to amend the Draft Advocates (Amendment) Bill, 2026 so that General Counsels and in-house lawyers are brought within the ambit of the term “legal practitioner.”
In a detailed representation submitted to the BCI on July 26, the Federation stated that the draft legislation, while introducing significant reforms for the legal profession, does not adequately recognise lawyers serving in corporate legal departments across the private, public and joint sectors.
FICL welcomed the proposal to accord statutory recognition to Indian law firms but observed that the Bill’s definition of “legal practitioner” under Clause (i) of Section 2 is confined to advocates appearing before judicial and quasi-judicial forums and law graduates employed by the government or government organisations.
The Federation maintained that such a definition excludes thousands of practising legal professionals engaged in advising businesses, ensuring regulatory compliance, managing litigation strategy, negotiating commercial transactions and strengthening corporate governance.
The representation was submitted as part of the stakeholder consultation process initiated by the Bar Council of India, which has invited comments on the proposed amendments until July 31, 2026.
FICL has suggested that the proposed legislation be amended to specifically include law graduates employed by companies, public sector undertakings, joint ventures, statutory corporations, autonomous institutions and limited liability partnerships established in India within the definition of “legal practitioner.”
As an alternative, it has proposed a separate provision recognising General Counsels and in-house lawyers as legal practitioners while limiting their right to appear before courts and tribunals to proceedings relating to their own employers.
To support its recommendations, the Federation cited the Centre for Trade and Investment Law (CTIL) Report on Reforms in the Non-Litigious Services Sector. The report indicates that more than 47 per cent of General Counsels report directly to their organisations’ Chief Executive Officers, while nearly three-fourths are involved in influencing decisions taken by corporate boards.
According to FICL, these findings underscore the central role played by in-house lawyers in corporate governance and legal risk management, making their exclusion from statutory recognition difficult to justify.
The Federation has also sought changes in the legal framework governing professional privilege. Referring to the Supreme Court’s judgment in 2025 INSC 1275, it noted that the Court had interpreted Sections 132 and 134 of the Bharatiya Sakshya Adhiniyam, 2023 as extending legal professional privilege only to advocates practising before courts.
FICL has requested the BCI to recommend corresponding amendments to the Ministry of Law and Justice so that legal practitioners recognised under the amended Advocates Act, including in-house counsel, are also entitled to claim confidentiality and professional communication privilege.
The Federation has further recommended amendments to Rules 43 and 49 of the Bar Council of India Rules to clarify that advocates engaged in full-time employment should continue to enjoy professional recognition where their principal responsibilities involve bona fide legal practice for their employers.
FICL emphasised that its proposals are intended to strengthen the legal profession as a whole and should not be viewed as competing with the recognition proposed for law firms. It said India’s legal ecosystem would benefit from a regulatory framework that acknowledges both independent practitioners and in-house legal professionals, in line with the country’s long-term vision of Viksit Bharat @2047.
The representation has been signed by FICL Honorary President Dr. S.B. Mitra, Directors Rohan Sharma and Manmeet Kaur, and National Advisory Council members R.S. Sachdeva and M.M. Sharma./ SNG