The Supreme Court on Thursday ruled that the Bar Council of India (BCI) has no statutory authority to take disciplinary action against students studying law. The court said such matters fall within the jurisdiction of the concerned university or educational institution.
A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, quashed communications issued by the BCI against students of the 2026 graduating batch of NALSAR University of Law, Hyderabad. The court declared the BCI's communications “without jurisdiction”.
The case arose after a group of NALSAR students protested against the invitation of Chief Justice Surya Kant as the chief guest at their convocation. Around 70 students from the outgoing LLB batch had submitted a representation on July 23, while students from other batches later expressed support.
Following the protests, the BCI had initially directed state bar councils not to enrol the 2026 NALSAR graduates until further orders. It also sought details of students who had allegedly organised or coordinated the campaign. The BCI later modified and eventually withdrew the communications.
The Supreme Court, however, said the withdrawal of the communications did not resolve the larger question of the BCI's authority. The bench made it clear that disciplinary control over law students rests with their university.
The court explained that the BCI can prescribe and enforce standards of legal education as permitted by law, but it cannot discipline a student or dictate how a university should deal with student conduct.
The bench also drew a distinction between a law student and an enrolled advocate. According to the court, the BCI comes into the picture when a student graduates and applies for enrolment as an advocate. At that stage, it can examine whether the statutory requirements for enrolment have been fulfilled.
The court further said that even if a student is accused of an act involving moral turpitude, the BCI cannot preventively bar the student from enrolment while they are still pursuing their legal education. Such issues can be considered when the person later applies to become an advocate.
The ruling follows the Supreme Court's earlier criticism of the BCI's handling of the NALSAR controversy. The court had previously restrained the BCI and state bar councils from taking punitive or criminal action against students and faculty members.
The latest judgment therefore draws a clear boundary between the powers of universities over their students and the BCI's regulatory role over the legal profession.
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