Bar Council can't take disciplinary action against law students: SC on Nalsar row

The Supreme Court set aside two Bar Council notifications over the Nalsar row, clarifying that the Council has no disciplinary jurisdiction over law students before they enrol as advocates.

In Short

• Supreme Court rules BCI cannot regulate law students' conduct
• Says BCI's disciplinary power starts only after advocate enrolment
• Disciplinary actions must be taken by educational institutions only

The Supreme Court on Thursday ruled that the Bar Council of India (BCI) has no statutory authority to regulate the conduct of law students, holding that any disciplinary action against students must be taken by the educational institution concerned under its own rules and regulations.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order while hearing a controversy involving students of Hyderabad's Nalsar University of Law, who had objected to the proposed participation of the Chief Justice in the university's convocation.

The Bar Council BCI, a statutory body that regulates the legal profession and education, had last month issued an order directing state units not to enrol the 2026 graduating batch of Nalsar over their opposition to the CJI’s participation in the university event. Following widespread criticism, the BCI withdrew the order and its chairman, Manan Kumar Mishra, had apologised to the students.

The bench set aside two notifications issued by the BCI in connection with the Nalsar controversy, although both had been withdrawn within hours of their issuance.

The Supreme Court clarified that the BCI has no power to take such disciplinary action, underscoring that the Council acquires disciplinary jurisdiction over law students only after they enrol as advocates.

"We are of the opinion that the Advocates Act, 1961, whereunder the BCI has been statutorily created, does not confer any express or implied power upon the BCI or any State Bar Council to take any disciplinary action against the students of law; such a power is preceded by registration of a law graduate as an advocate under the said Act," the court said in its order.

The bench added, "So far as students are concerned, it is their parent institution or the authority prescribed under the regulations/byelaws of such institution who alone are competent to take disciplinary action. We declare all communications dated 13 Aug or subsequent modified communication to be without any authority of law. Interim directions made absolute."

Earlier, when the matter was brought before the Supreme Court, CJI Surya Kant had strongly disapproved of the BCI's intervention.

"It's a dialogue between students and me. Who are they (BCI) to interfere? This is totally uncalled for," the Chief Justice had said.

On Wednesday, while hearing pleas challenging the legality of Manan Mishra's prolonged tenure as the BCI chief and seeking his removal from the post, the Supreme Court said the Council has to take any policy decision in consultation with the Attorney General for India and the Solicitor General.

- Ends