SC says BCI cannot discipline law students, quashes action against NALSAR students

The Supreme Court on Sep 3 held that the Bar Council of India (BCI) does not have the statutory power to take disciplinary action against students pursuing legal education, and said disciplinary control over law students rests with their educational institutions.

A three-judge Bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana delivered the ruling while hearing a case concerning students of the National Academy of Legal Studies and Research (NALSAR), Hyderabad.

The court quashed communications issued by the BCI directing action against students of NALSAR's 2026 graduating batch. It held that the Advocates Act, 1961, under which the BCI is constituted, does not confer on the Council an express or implied power to discipline law students.

The Bench clarified that while the BCI can prescribe and enforce standards of legal education in accordance with the law and applicable regulations, this authority does not extend to taking disciplinary action against students.

The ruling came against the backdrop of a controversy involving NALSAR students and the BCI. The dispute began after some students opposed the participation of Chief Justice Surya Kant as the chief guest at the university's convocation.

Following the controversy, the BCI had directed State Bar Councils not to enrol students from NALSAR's 2026 graduating batch until further orders. It had also sought an inquiry from the university to identify students who had organised or participated in the campaign. The BCI subsequently withdrew the direction relating to the enrolment freeze.

The Supreme Court's latest ruling makes clear that disciplinary action against law students is a matter for the university or educational institution in which they are enrolled.

The court's observations also distinguish between the BCI's statutory role in regulating legal education and its lack of disciplinary jurisdiction over students before they enter the legal profession.

The NALSAR controversy had also led to criticism of BCI Chairman Manan Kumar Mishra over the action taken against the students. The Bombay Bar Association had earlier condemned the action and described the subsequent reversal as belated.

The Supreme Court's ruling settles the issue of the BCI's authority to directly discipline students pursuing legal education, while leaving disciplinary control with the concerned educational institution.