Foreign law firms set to operate in India: C.J.I.

London, Nov 1 (PTI) Foreign law firms would soon be
allowed to operate from India and the Bar Council shall not be
able to resist their entry, says Chief Justice of India
(C.J.I.) K.G. Balakrishnan.

"I don't think the Bar Council of India (B.C.I.) can
continue to resist (the proposal to allow foreign law firms to
operate in India)," the Chief Justice said here Friday evening
while delivering the keynote address on 'Judicial Reforms in
India' organised by the Indo-E.U. Business Forum.

"I cannot give you a time-frame but this (the proposal)
is being handled at the senior level and it will be done," the
C.J.I. said.

Law minister H.R. Bhardwaj had recently said that the
legal fraternity in India should view the possibility of the
entry of foreign law firms as an opportunity to grow and enjoy
the "fruits of litigation" by setting up parternship firms.

Asked if U.K. law firms can be allowed to do
transactional work with the objective of facilitating foreign
investment in India, Justice Balakrishnan said "It should be
decided by the B.C.I. I am sure it will come soon. Discussion
between the B.C.I. and its British counterpart has started. It
may happen shortly and it will be helpful."

India's High Commissioner to the U.K. Shiv Shankar
Mukherjee struck an optimistic note saying "Of course it is
going to happen."

Justice Balakrishnan also dwelt at length on the large
number of cases pending in Indian courts and steps taken to
deal with the issue.

Justice Arijit Pasayat of Supreme Court voiced concern
over the heavy backlog of cases in various Indian courts and
felt unless something was done about it "the whole judicial
system may get crushed under the weight of arrears."

Justice Pasayat said reforms of the judicial system must
take into account the long delay in disposal of cases which
has resulted in huge arrears.

"The problem of delay and huge arrears is crucial and
unless something is done about it, the whole judicial system
may get crushed under the weight of arrears. For long the
patience of the people has been taken for granted.

"The need today is for some effective measures consistent
with the demands of justice, equity and fair-play to
accelerate the disposal of cases and clear the arrears," he
said.

At the same time, he cautioned that care must also be
taken against undue speed or haste as this could be like
substituting one evil with another.

Noting that the working condition of judicial officers is
dismal, Justice Pasayat said "nevertheless, the disposal rate
per judge is very high."

Vijay Goel, founder of the Indo-E.U. Business Forum, said
the Forum has been receiving queries from Indian corporate
houses regarding acquisition of British companies.

Timothy Dutton Q.C., Chairman, Bar Council, allayed fears
that if the Indian legal system was opened up, it would be
swamped by British solicitors.

"On the other hand, Indian law firms may need specialist
advice we British law firms could provide. We are prepared to
share our expertise," he said.

Lord Goldsmith Q.C., Former U.K. Attorney General, lauded
the Indian Supreme Court for its "extraordinary judicial
integrity".

"The Supreme court has dealt with some of the
extraordinary social issues and taken active part in solving
the problems," he said. Lord Goldsmith said liberalisation of
legal services in India is absolutely necessary for the
growth of Indian business itself. PTI HSR
PMR