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

NEW DELHI, Sep 3: The Supreme Court on Thursday held that the Bar Council of India (BCI) has no statutory authority to regulate the conduct of law students and set aside two notifications issued by the council against students of Hyderabad’s NALSAR University of Law.

A bench headed by Chief Justice of India Surya Kant and comprising Justice Joymalya Bagchi and Justice V Mohana passed the order in connection with the controversy over NALSAR students’ campaign against the CJI’s proposed participation in the university’s convocation.

The court’s ruling came after the BCI initially directed state Bar Councils not to enrol NALSAR’s 2026 law graduates as advocates following the students’ protest. The BCI later withdrew the directive and allowed the graduates to be enrolled while an inquiry was pending.

The controversy began after students submitted representations opposing the invitation to the CJI as chief guest at the convocation. They cited remarks attributed to him during a hearing concerning alleged police excesses against protesters during a July 20 march to Parliament.

At least six representations were submitted by students from different batches, with the first sent on July 23. The students said their objection was based on constitutional values and not intended as disrespect towards the judicial office.

The dispute escalated when BCI chairperson Manan Kumar Mishra directed state Bar Councils not to enrol NALSAR’s 2026 graduates until further orders. The council also sought a report identifying students who had allegedly initiated, organised or mobilised the campaign.

In its original communication, the BCI questioned whether students who allegedly showed disrespect towards the country’s highest judicial office could become responsible advocates, teachers or judges. It also alleged that some academic staff had misled or instigated students.

The directive faced criticism from sections of the legal fraternity. Supreme Court Bar Association president Vikas Singh termed it arbitrary, illegal and disproportionate, while stating that he did not support the students’ opposition to the CJI’s invitation.

The BCI withdrew the directive within hours and said the “vast majority” of graduating students were innocent. Its revised communication permitted the graduates to be enrolled while awaiting an inquiry report from NALSAR. (Agencies)