Section 47 in Chapter 6 [Miscellaneous] Advocates Act, 1961 as amended provides as follows;

Section 47:

“Where any country, specified by the Central Government in this behalf by notification in the Official Gazette, prevents citizens of India from practising the profession of law or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to practice the profession of law in India. (2) Subject to the provisions of sub-section (1), the Bar Council of India may prescribed the conditions, if any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be recognised for the purpose of admission as an advocate under this Act.”

The stigma of retaliation or passive vendetta is writ large in this provision. The will lead to detrimental to cordial relationship between our nation and another nation – which would win foes rather than friends. The retaliation is not restricted to profession of law, if any local counter retaliatory action affecting other areas of bilateral activities, the Citizen of India may be pursuing legal profession – but he may avoid other avenues on the strength of legal qualification and they are not covered by this provision [in fact it is fair that they have not been included] in this provision with reference to India. “Citizen the term is used but the reference to hostility is evident.”

“Subject them to unfair discrimination in that country, has not been defined that such discrimination may be more of a legal profession rather than political one, however, our nation should not retaliate in the manner as stated in this provision. In Sub Section 2, the Bar Council of India is empowered to prescribe the condition regarding the foreign qualification in law obtained by person other than Citizens of India.

Such definition and procedure may lead to extra professional area and authoritative arbitrariness of opinion makers.