HYDERABAD, SEPTEMBER 3: The Supreme Court has held that the Bar Council of India (BCI) has no disciplinary jurisdiction over law students and quashed orders issued by the BCI chairman against students of the National Academy of Legal Studies and Research (NALSAR), Hyderabad.
A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohan held that a person comes within the disciplinary jurisdiction of the BCI only after enrolment as an advocate. Until then, disciplinary action against a law student falls within the domain of the university or educational institution where the student is pursuing legal education.
The court was hearing petitions filed by NALSAR alumni Mihira Sood and Abhishek Tiwari challenging directions issued by the BCI chairman to withhold the enrolment of students of the 2026 batch. The action followed allegations that the students had organised a campaign concerning the Chief Justice of India.
The Bench made it clear that the Advocates Act, 1961 does not confer disciplinary powers on either the BCI or State Bar Councils over law students before they become advocates. Any action against students, it said, has to be taken by the concerned educational institution in accordance with its applicable rules and procedures.
The court also emphasised the importance of freedom of expression in university spaces and observed that authorities cannot impose unilateral restrictions on students without legal authority. The BCI, it held, cannot exercise powers over students merely because they are pursuing a law course.
The ruling assumes significance for the rights of law students, institutional autonomy of universities and the protection of freedom of expression in educational institutions. It also draws a clear distinction between the regulatory jurisdiction of the BCI over advocates and the disciplinary authority of universities over their students.
