'Neither Jurisdiction Nor Statutory Competence': SC Rules BCI Has No Power To Discipline Law Students Before Enrolment

The Supreme Court recently criticized the Bar Council of India (BCI), stating that the organization lacks the authority to discipline law students before they are enrolled as lawyers. This ruling was made during a hearing in the NALSAR law university case, where the BCI had initially issued an order against the students but later withdrew it.

Chief Justice of India Surya Kant led a three-judge bench comprising Justice Joymalya Bagchi and Justice V Mohana to hear the matter. The court emphasized that the BCI and State Bar Councils do not have the statutory power to take disciplinary action against law students. The bench clarified that the Bar Council's disciplinary jurisdiction only extends to law graduates after they are enrolled as advocates.

In the case at hand, none of the students had yet enrolled as lawyers, and thus, the BCI had no legal authority to act. The court ruled that the BCI chairman Manan Kumar Mishra's directive on August 13, which barred graduates from being enrolled after students objected to CJI Surya Kant's invitation to the university convocation, had no legal basis.

After facing significant backlash, the BCI withdrew its decision and clarified that all 2026 NALSAR graduates could proceed with enrollment as advocates. Mishra subsequently apologized to the law students, expressing sincere regret and apology if his words or letters had caused any distress.