The Supreme Court on Thursday held that the Bar Council of India (BCI) has no statutory power to regulate the conduct of law students, observing that it was for educational institutions to take action against students in accordance with their own regulatory norms.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order while dealing with the controversy arising out of the BCI’s action against students of Hyderabad’s NALSAR University of Law over their objections to the CJI’s proposed participation in the university’s convocation.
It set aside two notifications issued by the BCI in connection with the NALSAR row, even though both were withdrawn within hours of their issuance following widespread criticism.
The bench made it clear that the BCI could not exercise regulatory control over students before they became advocates and came within the statutory framework governing the legal profession.
It said any action against students for their conduct was a matter for the educational institution concerned to consider under its own rules and regulations.
The controversy had erupted on August 14 after the BCI directed state bar councils not to enrol NALSAR’s 2026 graduates as advocates until further orders over allegations relating to a campaign against CJI Kant’s proposed visit to the university.
When the matter was mentioned before the Supreme Court, the CJI had strongly disapproved of the BCI’s intervention, saying, “It’s a dialogue between students and me. Who are they (BCI) to interfere? This is totally uncalled for”.
