The Supreme Court has ruled that the Bar Council of India (BCI) and State Bar Councils do not have the legal authority to take disciplinary action against students pursuing law.
A three-judge bench headed by Chief Justice of India Surya Kant said the Advocates Act, 1961, does not empower the BCI to regulate the conduct of law students through disciplinary proceedings.
The court clarified that while the BCI has the authority to prescribe standards for legal education, matters concerning a student's conduct and discipline fall within the jurisdiction of the concerned university or educational institution.
The Supreme Court said a Bar Council's disciplinary powers come into play only after a law graduate is enrolled as an advocate. Until then, disciplinary matters involving students remain the responsibility of their educational institution.
The court also clarified that a Bar Council can examine a person's eligibility when they apply for enrolment as an advocate. However, it cannot blacklist a student in advance or stop their future enrolment as a form of disciplinary action.
The ruling draws a clear distinction between the BCI's role in maintaining standards of legal education and its disciplinary powers over practising advocates.
The case stemmed from a controversy at Hyderabad's NALSAR University of Law, where some students opposed the decision to invite the Chief Justice of India as the chief guest at their annual convocation.
The BCI treated the students' campaign as an act of indiscipline and directed State Bar Councils to stop the enrolment of students from NALSAR's 2026 batch as advocates. The BCI later withdrew the directive.
The matter eventually reached the Supreme Court after two NALSAR alumni approached the court challenging the BCI's action and questioning its legal authority to issue such directions against students.
During the hearing on August 14, CJI Surya Kant had expressed strong displeasure over the BCI's approach to the matter.
The Chief Justice said that he too had been an active student and had raised various issues during his student years. He indicated that students should not face action simply for expressing their views.
The Supreme Court has now formally held that the BCI and State Bar Councils lack statutory authority to initiate disciplinary proceedings against law students. The ruling establishes that such matters must be dealt with by the concerned educational institution or the competent authority under its rules.
