Have no disciplinary power over NASLAR students: SC raps BCI
What's the story
The Supreme Court has ruled that the Bar Council of India (BCI) and State Bar Councils do not have the authority to take disciplinary action against law students. The court clarified that such powers only vest with the parent institution or an authority prescribed under regulations or bylaws governing these institutions. The ruling came while hearing a writ petition filed by two alumni of NALSAR University of Law, Hyderabad, Mihira Sood and Abhishek Tiwari.
Legal scrutiny
Directions sought to bar enrollment of NALSAR's 2026 graduating batch
The court's decision was on the directions of BCI Chairman Manan Kumar Mishra issued on August 13.
These directions sought to bar enrollment of NALSAR's 2026 graduating batch and called for an inquiry against students and faculty over their protest against the Chief Justice of India (CJI), who was invited for the convocation.
After public backlash, these directions were withdrawn by the BCI within hours.
Legal protection
Interim order made absolute today
On August 14, the Supreme Court had passed an interim order protecting NALSAR students and faculty from any punitive action by the BCI or State Bar Councils.
The court today made this interim order absolute while disposing of the petition.
Senior Advocate K Parameshwar, appearing for the petitioners, argued that despite the withdrawal of directions, an inquiry was needed into how they were issued.
Accountability questioned
Mishra requests closure on the matter
Responding to the court's concerns, Mishra said the directions were withdrawn within an hour of issuance and requested closure on the matter.
However, Parameshwar insisted on accountability from the BCI for its arbitrary actions.
"This is a question of freedom of speech and expression in a university. It is not about just one student. It is about banning freedom of speech and expression across an entire university," he submitted.
Argument
'They must be held accountable'
He further argued, "They now say that the letters have been withdrawn, but that is not the point. They initially said that an entire batch would not be enrolled...We would like to know from the Bar Council how these meetings were held, who took the decision and under what provision of law it was done."
"They must be held accountable in some fashion....They ought to be called upon to answer for acting in such an arbitrary manner."
CJI
Chief Justice Surya Kant agreed with Parameshwar
Chief Justice Surya Kant agreed with Parameshwar that "BCI does not have jurisdiction [over students]."
".....after someone passes out...once a law graduate gets registered as an advocate, then BCI is the statutory authority to regulate conduct. But not of students," he said.
The bench then declared all communications dated August 13 or subsequent modified communications as without any authority of law.