Law Students Beyond Bar Council's Reach, Supreme Court Rules
Supreme Court holds Bar Councils cannot discipline law students; jurisdiction begins only after enrolment as advocates.
The Supreme Court has ruled that the Bar Council of India (BCI) and State Bar Councils lack the statutory authority to take disciplinary action against law students. The observation came during a hearing on a petition related to Hyderabad's NALSAR University of Law.
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, clarified that a Bar Council's disciplinary jurisdiction over a law graduate begins only after that person is enrolled as an advocate. For students, the court said, disciplinary authority rests with their educational institution or the competent authority under that institution's rules.
The case stemmed from directives issued by BCI Chairman Manan Kumar Mishra on August 13, which called for halting enrolment of NALSAR's 2026 batch and an inquiry against students and faculty over an alleged campaign against the CJI. The directives were withdrawn within about an hour of issuance, and Mishra later apologised to the students.
Two NALSAR alumni, Mihira Sood and Abhishek Tiwari, had approached the Supreme Court, arguing that even after the withdrawal, the legal basis for issuing such directives needed examination. Senior Advocate K Parmweshwar appeared for the petitioners.
The court agreed, declaring that all communications issued and subsequently amended on August 13 were made "without any authority of law." It also made permanent the interim order protecting students and teachers from punitive action by the BCI or any State Bar Council.
The CJI had earlier questioned the BCI chief's interference in what he described as a matter between the CJI and the students, upholding the students' right to protest. The dispute arose after a group of NALSAR students allegedly protested the CJI's proposed participation as chief guest at the university's convocation.