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3. A person can be said to be practising in litigious matters when he renders legal assistance by acting, appearing and pleading on behalf of another person before any Court or authority. Similarly, a person can be said to be practising in non litigious matters, when he represents to be an expert in the field of law and renders legal assistance to another person by drafting documents, advising clients, giving opinions, etc. There is no dispute that for a person to practise in litigious matters, he has to be enrolled as an advocate under the 1961 Act. However, the dispute is, where a person wants to practise in non litigious matters, whether, he should be enrolled as an advocate under the 1961 Act ?

19. Counsel for the Bar Council of India and Bar Council of Maharashtra & Goa have adopted the arguments advanced by the counsel for the petitioner.

20. Mr.Rajinder Singh, Senior Advocate appearing on behalf of the Union of India submitted that there is no proposal, as of now, to allow foreign lawyers to practice Indian law in Indian Courts. He submitted that the Government is still in the process of consulting all the stake holders and any decision on the issue will be taken after considering the views of all the stake holders. However, Counsel for the Union of India submitted that for drafting legal documents or giving opinion on aspects of foreign or international law, one need not be on the roll of the Bar Council. He further submitted that if the contention of the petitioner is accepted then, no bureaucrat will be able to draft or given opinion. He submitted that reading various provisions of the 1961 Act particularly Section 24, 29 and 45 of the 1961 Act, it becomes clear that the 1961 Act prescribes the mode and the manner of enrolling advocates who want to practice the profession of law before Courts, Tribunals and other authorities and provide for punitive action against advocates who have violated the provisions contained in the 1961 Act and the rules framed by the Bar Council. Counsel for the Union of India further submitted that the fact that the 1961 Act contains penal provisions in respect of persons illegally practicing in Courts and other authorities, and does not provide any penal provisions for the breaches committed by persons practicing in non-litigious matters clearly shows that persons practicing in non-litigious matters are not governed by the provisions of the 1961 Act.

The respondent No.12 has further claimed in its affidavit in reply that their liaison activity inter alia included providing "office support services for lawyers of those offices working in India on India related matters" and also included drafting documents, reviewing and providing comments on documents, conducting negotiations and advising clients on international standards and customary practice relating to the client's transaction etc. It is contended by the respondent No.12 to 14 that they never had and has no intention to practise the profession of law in India. Thus, from the affidavit in reply, it is evident that the liaison activities were nothing but practising the profession of law in non litigious matters.

55. It was contended by the counsel for Union of India that if it is held that the 1961 Act applies to persons practising in non-litigious matters, then no bureaucrat would be able to draft or give any opinion in non-litigious matters without being enrolled as an advocate. There is no merit in the above argument, because, there is a distinction between a bureaucrat drafting or giving opinion, during the course of his employment and a law firm or an advocate drafting or giving opinion to the clients on professional basis. Moreover, a bureaucrat drafting documents or giving opinion is answerable to his superiors, whereas, a law firm or an individual engaged in non litigious matters, that is, drafting documents / giving opinion or rendering any other legal assistance are answerable to none. To avoid such anomaly, the 1961 Act has been enacted so as to cover all persons practising the profession of law be it in litigious matters or in non-litigious matters within the purview of the 1961 Act.