As Indian companies operate in elaborate regulations and across borders, they face significant enforcement risks from local and global regulatory bodies, making it imperative to ensure that legal privilege is extended to their General Counsel and In-house counsels. Legal privilege for General Counsel and In-house counsels in India would create a level playing field for Indian businesses, aligning the country's legal framework with leading global economies, which is both timely and in the best interest of domestic businesses. Such a reform would encourage transparent internal reporting, facilitate compliance, and strengthen corporate governance, ultimately benefiting India's economic and regulatory ecosystem. It would also align India's legal standards with those of other leading economies, providing greater certainty for both domestic and international investors.

General Counsels’ Association of India, has approached the Honorable Supreme Court of India to seek legal privilege for In-house counsels. It has been submitted by GCAI that the in-house legal counsels are qualified lawyers with a recognized degree from Institutions duly recognized by the Bar Council of India and undergo the same curriculum and training as is undergone by any Advocate or a law graduate in India. Therefore, the principles of confidentiality and privilege between a lawyer and a client apply equally to an in-house counsel. GCAI filed its petition before the Honorable Supreme Court, through its General Secretary Dr Akhil Prasad. Senior Advocate Mukul Rohatgi and Mahesh Agarwal, Advocate, represented GCAI before the Honorable Supreme Court and the petition has been admitted, for consideration of the issues raised therein.

“Supreme Court of India today admitted an Intervenor application of In - House Counsels and General Counsels of Corporates reg their right to claim Privilege & Confidentiality at par with Advocates on their opinions and advises to their Employers, indeed an Excellent moment for us.” Hemant Kumar, Member, GCAI

“In-house legal counsels, working within the Legal Departments of corporations, perform Core Legal Work and play a vital role in upholding the Rule of Law and Corporate Governance. Their Legal Advice must be recognised as privileged and confidential, just like that of external lawyers, as is standard in several global jurisdictions. Our submission before the Hon’ble Supreme Court seeks to affirm this principle. As governance increasingly moves from courtrooms to boardrooms, it is essential to empower In-house counsels with legal recognition, authority and protection. We hope the Court’s decision will reinforce the independence and integrity of the legal profession across practise areas.” Vineet Vij, Member, GCAI

“The General Counsel’s Association of India (GCAI) firmly believes that in-house lawyers perform core legal functions that are fundamental to the rule of law and corporate governance. It is imperative that their role as legal professionals is recognised and protected under the law, just as it is in global jurisdictions. Our intervention before the Hon’ble Supreme Court seeks to affirm that legal advice given by in-house counsel deserves the same confidentiality and privilege as that of external lawyers.... ” CV Raghu, Founder, GCAI

“The impleadment application brings to the forefront a long-overdue conversation on legal privilege for in-house counsels. It is imperative that the law acknowledges their role as legal professionals—distinct from mere business executives—so long as their communications are legal in substance and purpose... ” Dr. Sanjeev Gemawat, Founder, GCAI

“A General Counsel and an Inhouse Counsel are Legal Advisers to their employers and their work should be subject to a legal privilege. General Counsel of India is proud to take this issue up before the Honorable Supreme Court of India, which has admitted the writ petition filed in this behalf. We will continue to push for reforms in the legal sector and the issue of privilege is extremely important for all legal advisers.” Dr. Akhil Prasad, Founder, GCAI