The General Counsels’ Association of India (GCAI) has recently made a significant move by submitting a representation to Union Minister of State for Law and Justice Arjun Ram Meghwal, advocating for the statutory recognition of general counsels and in-house lawyers as legal practitioners. This request echoes a similar plea made by the Society of Indian Law Firms (SILF) to the Bar Council of India (BCI). Dr. Sanjeev Gemawat, the founder of GCAI, emphasized the necessity of regulating and recognizing the over 50,000 general counsels practicing law in India. Despite their extensive involvement in various facets of Indian law, including regulatory compliance, adjudication, arbitration, and litigation, these professionals are not recognized as "advocates" under current Indian laws, and thus are not regulated by any professional code of conduct or regulatory body.
The GCAI’s representation to Minister Meghwal underscored the critical role of trained legal practitioners in the corporate sector. The association has proposed amendments to the Advocates Act, 1961, and the Bar Council of India Rules, 1975, to ensure that general counsels receive due regulation and recognition. Dr. Gemawat expressed that the vision of GCAI has always been to establish a distinct professional identity for general counsels and institutionalize the in-house legal function as a specialized legal practice stream. The meeting with the Law Minister was seen as a crucial step towards this vision, with Meghwal expressing appreciation for the contribution of in-house counsels to India's economic growth and assuring a positive consideration of their request.
The GCAI believes that these proposed amendments align with recent progressive steps by the BCI, such as allowing foreign law firms and lawyers to practice in India. Recognizing and regulating general counsels would not only restore their rights and status within the legal profession but also integrate them into the broader legal ecosystem. The association asserts that such changes would benefit both the corporate sector and society at large by enhancing the availability of legal services. This initiative is seen as a vital step towards achieving a more inclusive and comprehensive legal framework in India.
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