Consensus amongst stakeholders at GCAI conference for a modernised legal framework and statutory recognition of in- house counsels

February 8, 2025
Consensus amongst stakeholders at GCAI conference for a modernised legal framework and statutory recognition of in house counsels

New Delhi: Friday, 31st January 2025: The conference hosted by GCAI at the India International  Centre (IIC) initiated dynamic discussions on the theme: Rethink, Redefine, Re-evolve the Legal  Profession in India. The platform invited top legal minds, policy makers and industry leaders to  deliberate on GCAI’s ask of securing recognition of in-house counsels at par with practicing  lawyers. The event was attended by over 200 guests including delegates and speakers. 

Chief Guest for the occasion was Hon’ble Union Minister of Law and Justice, Sri Arjun Ram  Meghwal, who referred to a need for an amendment in the Advocates Act, 1961 which would  grant General Counsels the status of practicing lawyers. He highlighted the pivotal role of GCs  in driving India’s economic growth and engaged with the audience by requesting a SWOT  analysis of their profession. In response, the GCs identified lack of statutory recognition as their  sole weakness, while acknowledging several strengths and opportunities. Sri Meghwal  reinforced the importance of addressing these concerns. 

Voicing the collective views of the General Counsel community, GCAI Founding Member, Dr.  Sanjeev Gemawat said, “The legal ecosystem must acknowledge that law is now practiced  beyond courts—in boardrooms, regulatory agencies, international trade organizations, and  corporate compliance functions. The outdated distinction between practicing advocates and in house counsels is stifling the profession’s evolution. In such times, the role of in-house counsels  cannot be ignored, and India’s legal landscape urgently needs reform to recognize their  contributions.” 

Guest of Eminence, Hon’ble Justice (Retd.) A K Sikri, spoke about the growing significance of  GCs in India, particularly in the context of a liberalized market economy. He commended their  strong understanding of regulatory frameworks, which has become increasingly crucial in the  evolving legal and business landscape. 

Adding her perspective to the dialogue, Guest of Eminence, Hon’ble Justice (Retd.) Hima  Kohli, pointed out that GCs play a critical role in navigating the increasingly dynamic business  environment, especially as technological advancements, such as Generative AI, begin to  reshape the legal profession. Her remarks highlighted the necessity for legal professionals to  adapt to emerging technologies while ensuring compliance and effective legal governance. 

The inaugural session of the GCAI summit titled ‘What will the Indian Legal Market look like in  the next 10 years?’ was moderated by Ami Parikh, GC of Asian Paints. It featured distinguished  speakers from foreign law firms, including Sharmistha Chakrabarti, Counsel at Skadden, Arps, Slate, Meagher & Flom LLP; Mini Menon VandePol, Asia Pacific Head of the Investigations,  Compliance & Ethics Group at Baker McKenzie; Joydeep Sengupta, Partner at Dentons Link  Legal (Paris); and Daksh Ahluwalia, Founder & Principal of Aikyam Law Offices, Dubai. 

The second panel discussion, titled ‘The Futuristic GC: What will it take and what truly matters’ delved into the evolving responsibilities of in-house counsels in the age of globalisation,  collaboration and digital transformation. Moderated by Poornima Sampath, Senior VP & Chief  Legal Officer at Tata Digital, the session brought together eminent voices from Government and  business, including Dr. Rajiv Mani, Secretary of the Legislative Department at the Ministry of  Law & Justice; Sanjay Shorey, Director General of Corporate Affairs at the Ministry of  Corporate Affairs; Mahaveer Singhvi, Joint Secretary at the Ministry of External Affairs;  Manpreet Singh Ahuja, Chief Digital Officer, PwC India; and Rajat Vig, Partner, Deloitte Touche  Tohmatsu India LLP. 

Another key panel discussion, titled ‘Statutory Recognition of In-house Counsels,’ delved  into the pressing need to formally recognise in-house counsels as advocates, the necessary  amendments to the Advocates Act and Bar Council of India Rules, and the extension of legal privilege to their advisory roles. Moderated by Rakesh Kumar Prusti, Group General Counsel at  Oyo, the panel featured distinguished legal experts, including Dr. Pinky Anand, Senior Advocate  at the Supreme Court of India; Dr. Shardul S. Shroff, Founder & Executive Chairman of Shardul  Amarchand Mangaldas; Amit Singh, Partner at Linklaters; and Harsh Pais, Partner (London) at  A&O Shearman.

Supporting this point of view, in his keynote address, Dhanendra Kumar, First Chairman  Competition Commission of India and Honorary Principal Advisor, Indian Institute of  Corporate Affairs said, “The role of General Counsels (GCs) is like a boxer fighting with their  hands tied—expected to guide companies on emerging laws like data, CSR, and ESG, ensuring  compliance and growth, yet restricted from practicing before regulators. As the legal ecosystem  evolves, empowering GCs with the right tools is crucial to attract top talent.” 

Adding to this, keynote speaker Subhash Chandra Garg, Former Finance Secretary & Former  Economic Affairs Secretary of India commented, “The legal department’s responsibilities  include reactive roles (responding to legal cases), proactive roles (adapting to evolving laws like  environmental and labour regulations), and leadership roles (shaping legal strategies to drive  business evolution). General Counsels can move beyond compliance fears to propose  solutions that balance legal obligations with business efficiency.” 

Addressing the audience, Dr. Lalit Bhasin, President of the Society of Indian Law Firms  (SILF), questioned, “If government law officers can represent private parties, why can’t GCs  appear in court?” He strongly endorsed the need for statutory recognition for GCs.  

Also present were renowned legal academicians of the country who discussed challenges in  India’s legal education and proposed reforms for accessibility, relevance, and skill development  in the panel discussion titled ‘Enabling and Skilling’. The discussion, moderated by Shelly  Kohli, General Counsel at United Breweries, brought together a distinguished panel of  educators and industry experts. The panel included Prof. Dr. GS Bajpai, Vice Chancellor of NLU Delhi; Prof. Dr. Shubhashis Gangopadhyay, Founding Dean of ISPP; Prof. Dr. Ashish Bharadwaj,  Founding Dean of BITS Law School; Prof. Dr. Avinash Dadhich, Founding Director of the School of Law at Dhirubhai Ambani University; and Naveen Tuli, Managing Partner, EMEA & APAC (In House Practice Group) at Major, Lindsey & Africa. 

This dialogue was supported by A&O Shearman, Aikyam Law Offices, Baker McKenzie, Dentons  Link Legal, Linklaters, and Skadden Arps, Slate, Meagher & Flom LLP

Popular Knowledge platform LawWiser too was a key partner at the conference.

Share
Share your details to Register For the Upcoming Event