The General Counsels’ Association of India (GCAI) has filed an intervention application before the Supreme Court of India in the ongoing suo motu proceedings. The proceedings were initiated by the Supreme Court based on a representation from the Supreme Court Advocates-on-Record Association (SCAORA), expressing concern over investigative agencies summoning advocates for the legal advice they render to clients.
In its intervention, GCAI represented through its General Secretary Dr. Akhil Prasad and other senior in-house counsels from reputed corporations highlights the crucial role played by in-house legal counsels and seeks recognition of the same legal privileges and protections afforded to practicing advocates. The Association contends that the summoning of in-house legal professionals undermines the principles of client-counsel confidentiality and has a chilling effect on the independence of legal advice.
The application explains that while in-house counsels are trained lawyers, many are compelled to surrender their enrolment with the Bar Council due to Bar Council of India (BCI) rules that restrict full-time salaried employees from practicing as advocates. Despite this, they continue to perform legal duties such as advising on contracts, regulatory issues, litigation strategy, and corporate compliance—roles identical in legal character to those of advocates in independent practice.
The GCAI submits that the ongoing proceedings, although focused on advocates in independent practice, have direct implications for in-house legal professionals as well, and seeks to intervene in order to assist the Court in considering the broader legal context and ramifications. It prays for appropriate directions that would extend necessary protections to in-house counsels from coercive investigative actions in respect of legal opinions rendered in the course of their professional duties.
The application is drawn and filed by Advocate E.C. Agrawala on behalf of the applicants.