SC slams BCI’s move against NALSAR students, says they have right to protest
“It’s a dialogue between students and me,” Chief Justice of India Surya Kant said on Friday as he sharply pulled up the Bar Council of India for its order that the 2026 graduates of Hyderabad’s NALSAR University of Law not be enrolled as advocates following their objections to his proposed campus visit.
Students have a right to protest, the CJI-led bench said a day after the BCI directed all state bar councils not to enrol any 2026 graduate of the university until further orders. The order was reversed within hours after an uproar on social media.
“It’s a dialogue between students and me. Who are they (BCI) to interfere? This is totally uncalled for,” the chief justice said after a plea challenging the BCI’s circular was mentioned before it for urgent hearing.
“I myself, in my student days, was actively involved in student activities,” he said.
The bench, also including Justices Joymalya Bagchi and V Mohana, asked NALSAR to tell its students to get enrolled as advocates at the earliest and said, “We will empanel them for legal aid cases.” A section of students of the premier law institute had written to the vice chancellor, registrar and professors of the institution, opposing any proposal to invite the CJI as chief guest to the varsity’s convocation, the date of which is yet to be announced.
“Assuming even if they (students) are wrong, they have a right to protest. BCI does not have any business in this,” the bench said, terming the BCI’s action “absolutely unnecessary”.
Observing that students have the right to protest peacefully and nobody can stop them from doing so, the apex court asked the BCI’s counsel whether a meeting of the council was convened to take a resolution like that. The matter was posted for hearing after two weeks. The court has issued notice to the BCI, seeking its response within two weeks on the plea challenging the circular issued by the apex bar body.
“Issue notice. In the meanwhile, no punitive action shall be taken against the students or faculty of the NALSAR University of Law at the instance of the BCI or any state bar council,” the bench said.
The counsel appearing for the BCI told the bench that the circular has been withdrawn. Senior advocate K Parameshwar, who mentioned the matter, told the bench that the BCI had issued orders taking action against the students of NALSAR. A BCI member from Kerala has opposed such a circular being issued.
In the first circular, BCI chairperson Manan Kumar Mishra said it was examining allegations regarding a campaign against CJI Kant’s participation in the university’s convocation and had sought a report identifying those responsible. The apex statutory body for lawyers said a final decision in the matter would be taken on August 19 after considering the material placed before it.
The BCI then modified its decision after the uproar on social media and allowed state bar councils to enrol 2026 graduates of NALSAR University of Law as advocates. The new notification modified the earlier order, saying the “vast majority” of the students were innocent and should not be made to suffer for the alleged misconduct of a few.
Mishra said in the fresh communication that members had thoroughly discussed the earlier letter issued and unanimously decided to modify the direction concerning the enrolment of the students.
“All the students will be entitled to get enrolled with the State Bar Councils of their choice,” he said.
The BCI also said it had received information from “reliable sources” that a handful of teachers and outsiders were instrumental in allegedly instigating the innocent students.
“No student shall be made to suffer without any fault on his part,” the council said.
