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2023 Supreme(Del) 5026

YASHWANT VARMA
Daeyoung Jung – Appellant
Versus
Bar Council of India – Respondent


Advocates appeared:
Mr. Ashim Sood, Ms. Senu Nizar, Mr. Ekansh Gupta, Mr. Velpula Audityaa, Ms. Reaa Mehta, Mr. Kuberinder Bajaj, Ms. Payal Chandra and Mr. Rhythm Buaria, Advocates, for the Petitioner.
Mr. Preet Pal Singh, Mr. Saurabh Sharma and Mr. Shivam Sachdeva, Advocates for R-1.
Mr. Ajay Kumar Agarwal, Advocate for R-2.

JUDGMENT

Yashwant Varma, J.

1. Mr. Daeyoung Jung, a citizen of South Korea impugns the order of 23 July 2020 passed by the Bar Council of India [BCI] refusing his request for permission to be enrolled as an Advocate. He seeks to espouse a right which, according to him, would inhere in any duly qualified foreign national intending to pursue law as a profession in India and seeks a declaration that his right to practise law in the country is not barred by statute.

2. BCI has on its understanding of the provisions of Section 24 of the Advocates Act, 1961 [the Act] principally held that since duly qualified citizens of India have not been shown to be permitted to practice law in South Korea, the petitioner would be disentitled in terms of the Proviso to that Section. The writ petition essentially revolves upon the meaning to be ascribed to the phrase "duly qualified" as appearing in the Proviso which stands placed in Section 24(1)(a). The BCI has, additionally alluded to the "practical difficulties" associated with and challenges surrounding the enrolment of foreign nationals. It has contended that if a foreign national were to be enrolled with a State Bar Council, it is likely to en

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