The Supreme Court on Thursday ruled that the Bar Council of India (BCI) cannot take disciplinary action against students pursuing law, delivering a strong rebuke to the lawyers’ regulatory body over its directions concerning NALSAR University of Law students.
A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said disciplinary authority over law students lies with the university or educational institution where they are enrolled.
BCI has no power to punish students
The court quashed communications issued by the BCI directing action against students of NALSAR’s 2026 graduating batch. It held that the Advocates Act, 1961, which establishes the BCI, does not give the Council either express or implied powers to discipline law students.
The court clarified that while the BCI can set and enforce standards for legal education in accordance with the law and applicable regulations, “it cannot, however, take disciplinary action against a law student.”
The bench also declared the BCI’s August 13 communication and subsequent modified communications concerning the students to have been issued “without jurisdiction”.
NALSAR row began over CJI invitation
The dispute arose after students at NALSAR University of Law, Hyderabad, opposed a proposal to invite CJI Surya Kant as chief guest at their convocation.
BCI chairman Manan Kumar Mishra had initially directed state bar councils not to enrol members of the graduating batch, prompting criticism from the legal fraternity.
The Council later withdrew the restriction and subsequently closed the proceedings against the students. Mishra also apologised to the students for any hurt caused by his remarks or the Council’s actions.
Earlier protection for students upheld
The Supreme Court made absolute its earlier interim order preventing the BCI and state bar councils from taking punitive or criminal action against the NALSAR students and faculty members.
The latest ruling settles the question of the BCI’s disciplinary authority over students in the context of the NALSAR dispute, while reaffirming the role of universities in dealing with student conduct.