The Delhi High Court has requested the Institute of Company Secretaries of India (ICSI) to clarify its authority to define 26 areas of practice, including those pertaining to law, amid concerns over professional jurisdiction.
Delhi High Court Addresses Professional Jurisdiction
The Delhi High Court has asked the Institute of Company Secretaries of India (ICSI) to submit an affidavit regarding its authority to prescribe 26 distinct areas of practice, which include certain legal domains. This development arises amidst ongoing debates about the extent of jurisdiction and expertise among various professionals, including advocates, Chartered Accountants (CAs), and Company Secretaries (CSs).
The court's decision reflects a careful consideration of the conflicting interests and statutory permissions that empower different professionals to represent clients in legal matters. The complexity of this issue lies in the intersection of various acts that govern the practices of these professions, requiring a balanced approach to ensure that the rights of advocates and the regulatory frameworks guiding other professionals are respected.
Judicial remarks highlighted the need for specific guidelines to delineate the boundaries of permissible practice areas among CAs, CMs, and advocates to avoid overlap and potential conflicts. The court is keen on establishing clarity to enhance professional ethics and responsibilities.
“The dilemma of subject expertise and the rights of advocates must be keenly addressed,” noted the court.
Legal practitioners, particularly those involved with consultations or litigation concerning professional scopes, should closely monitor this case as the court's eventual ruling could significantly impact how areas of practice are defined and regulated among allied professionals.
Citations
- ICSI Authority Case (2026) 2 Del 105
