NEW DELHI: In a major setback to the Bar Council of India(BCI), the Supreme Court on Thursday in its order quashed both the notifications issued by the BCI against NALSAR University students in connection with the CJI convocation row.
The top court said that as per rules, it is the institution's job to take action against the students. BCI has no power to take action against students until they become advocates.
"The BCI has no legal authority to control the conduct of students. We are of the opinion that the Advocates Act, 1961, where under the BCI has been statutorily created, does not confer any express or implied power upon the BCI or any State Bar Council to take any disciplinary action against the students of law. Such a power is preceded by registration of a law graduate as an advocate under the said Act. So far as students are concerned, it is their parent institution or the authority prescribed under the regulations/ byelaws of such institution which alone are competent to take disciplinary action," the Bench said in its order.
While disposing of the plea filed by two NALSAR alumni, Mihira Sood and Abhishek Tiwari, a bench headed by CJI Surya Kant said its earlier order will continue restraining the BCI and State Bar Councils from taking any punitive action against any students or faculty in that regard.
Both Sood and Tiwari moved the apex court challenging the BCI Chairman, Mishra's directions issued on August 13 that NALSAR students be not enrolled as advocates for the time being and an enquiry be held into the entire episode.
The bench also clarified that the BCI does not have jurisdiction after someone passes out, once a law graduate gets registered as an advocate, then BCI is statutory authority to regulate conduct.
On August 14 also, the CJI-led bench had said if the students are protesting against the CJI, they have a right to do so. There was no need for BCI to intervene.
The controversy started when students opposed the presence of CJI Kant to attend the convocation ceremony of NALSAR University of Law, Hyderabad. As it was customary for the CJI to attend convocation ceremony of a law university.
Taking a stern view of the students opposing the presence of CJI Kant to attend the convocation ceremony, the BCI headed by Manan Kumar Mishra issued a notification saying no student graduating in law from NALSAR in 2026 should be enrolled as advocate.
It faced strong backlash from various legal circles, including Law Universities, senior lawyers, experts, law academicians and others.
Following this, the decision was withdrawn quickly by the BCI. Mishra said he had no ill-will against students and wanted their welfare.
