New Delhi: The Supreme Court has held that the Bar Council of India (BCI) does not have statutory authority to regulate the conduct of law students, observing that disciplinary action against students falls within the domain of the concerned educational institution and must be taken in accordance with its own rules and regulations.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana passed the order while hearing the controversy surrounding the BCI’s action against students of the National Academy of Legal Studies and Research (NALSAR), Hyderabad, following objections raised over the proposed participation of the Chief Justice of India in the university’s convocation.
The Supreme Court set aside two notifications issued by the BCI in connection with the controversy. Although the notifications were withdrawn by the BCI within hours of their issuance amid widespread criticism, the Court proceeded to examine the legal authority under which they had been issued.
The bench made it clear that the BCI’s statutory regulatory jurisdiction primarily relates to the legal profession and advocates. According to the Court, students pursuing legal education do not come within the statutory regulatory framework applicable to advocates merely by virtue of being enrolled in a law course.
The Court further observed that any alleged misconduct by law students is a matter to be dealt with by the concerned university or educational institution under its applicable statutes, regulations and disciplinary mechanisms. The BCI cannot assume regulatory control over students before they become advocates and enter the statutory framework governing the legal profession.
The dispute arose after the BCI had directed State Bar Councils not to enrol NALSAR’s 2026 graduates as advocates until further orders. The action followed allegations concerning a campaign by students opposing the proposed visit of CJI Surya Kant to the university.
The Supreme Court’s ruling consequently underscores the distinction between the regulatory jurisdiction of the BCI over advocates and the disciplinary authority of universities over students pursuing legal education.
