'Neither Jurisdiction Nor Statutory Competence': SC Rules BCI Has No Power To Discipline Law Students Before Enrolment
· Free Press Journal
New Delhi: The Supreme Court on Thursday pulled up the Bar Council of India (BCI), ruling that the BCI has no authority to take disciplinary action against law students. The remarks from the apex court came during the hearing in the NALSAR law university case, where the Bar Council of India had first issued an order against the students and later withdrew it.
A bench headed by Chief Justice of India (CJI) Surya Kant and comprising Justice Joymalya Bagchi and Justice V Mohana was hearing the matter.
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The top court made it clear that the Bar Council of India (BCI) and State Bar Councils do not possess the statutory authority to initiate disciplinary action against law students.
Bhopal Sealing Row Reaches Delhi: Top MP Officials To Meet Solicitor General Ahead Of Supreme Court HearingA Bar Council gets disciplinary jurisdiction over a law graduate only after they are enrolled as an advocate, the bench added.
"As far as the conduct of law students is concerned, the Bar Council of India has neither jurisdiction nor statutory competence. That falls exclusively within the domain of the educational institution or university. After a student graduates and registers himself or herself as an advocate, the Bar Council comes into the picture. None of these students had enrolled as advocates," the Court ruled as quoted by Bar and Bench.
The top court declared that the directives by the BCI chairman Manan Kumar Mishra on August 13 were issued without any legal authority.
The BCI Chairman on August 13 had directed that graduates of the university not be enrolled after students objected to Chief Justice of India Surya Kant being invited as a guest at the convocation.
After massive backlash, BCI retracted its earlier decision and clarified that all 2026 NALSAR graduates could enrol as advocates. Mishra also apologised to law students, saying he sincerely regretted and apologised if any of his words or letters connected with the controversy had hurt their feelings.