NALSAR: Bar Council has no power to act against law students, says SC

New Delhi: The Supreme Court has ruled that the Bar Council of India (BCI) and State Bar Councils do not have the legal authority to take disciplinary action against students pursuing law degrees, making it clear that such powers arise only after a graduate is enrolled as an advocate.

A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V. Mohan, delivered the significant observation while hearing a case concerning the enrolment of the 2026 batch of students from NALSAR University of Law in Hyderabad.

The court held that disciplinary action for a law student’s conduct falls within the authority of the educational institution concerned or an appropriate authority designated under its rules and bylaws. Bar Councils, it said, acquire professional disciplinary jurisdiction only after a law graduate is enrolled to practise as an advocate.

The case stems from the BCI’s decision to prevent 2026 NALSAR graduates from enrolling with the State Bar Councils. The action followed protests by students over the invitation extended to the Chief Justice as the chief guest at the university’s convocation.

The BCI later withdrew its order following widespread criticism and allowed all students from the 2026 batch to enrol with the State Bar Council of their choice.

During earlier hearings, Chief Justice Surya Kant had strongly questioned the BCI’s intervention, stressing that students have the right to express their views and protest. The court had also criticised linking student protests with eligibility to enter the legal profession, particularly when such action could affect their careers.

The Supreme Court had subsequently issued notice to the BCI on a plea seeking to prevent similar directions in the future.