• February 23, 2026

Supreme Court rejects OCI plea for parity with NRIs in bar council membership in India

NEW DELHI Feb 23: The Supreme Court of India on Monday dismissed a petition by an overseas citizen of India (OCI) seeking parity with non-resident Indians (NRIs) for the purpose of practising law and securing state bar council membership, observing that it had no time for “luxury litigation”.

A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi held that while OCI status confers certain privileges, it does not amount to Indian citizenship—an essential requirement for enrolment under Section 24 of the Advocates Act.

Declining to entertain the plea filed by OCI cardholder Chelabhai Karsanbhai Patel, the CJI remarked, “We do not have time for luxury litigation.” Patel had sought eligibility to become a member of a state bar council.

Counsel for the petitioner argued that notifications issued by the Ministry of Home Affairs in 2009 and 2021 effectively placed OCIs on par with NRIs, contending that NRIs are Indian citizens and urging an expansive reading of the notifications.

The bench rejected the submission. Justice Bagchi clarified that the parity referenced in the notifications is limited to specific permissive areas and does not extend to citizenship, which remains fundamental for legal practice. “These notifications have to be read in context,” he said, adding that while OCIs may enjoy a status superior to foreign nationals with an LLB, that does not make them Indian citizens or NRIs entitled to enrolment with the Bar Council of India.

Addressing the argument that Section 7B(2) of the Citizenship Act does not expressly bar OCIs from practising law, the court underscored that eligibility flows from explicit statutory provisions, not from the absence of a prohibition.

The bench reiterated that enrolment as an advocate is governed by Section 24 of the Advocates Act, which mandates Indian citizenship, subject only to limited reciprocity-based exceptions for foreign nationals.