2 weeks ago
Student Body Demands Apology After BCI Withdraws NALSAR Enrolment Ban
Some law students at a university in India did not want the Chief Justice of India to come to their graduation ceremony.
About 450 of the 1,400 students made a peaceful campaign asking that he not be the special guest.
A big group called the Bar Council of India, which gives new lawyers permission to practise, was unhappy about this.
It told the local bar offices not to let the graduating students become lawyers.
Later the same day, it changed its mind and said all the students could join after all.
The students' own group, the Student Bar Council, was still upset about what happened.
It said the Bar Council's leader said hurtful things about the students and their teachers and used words that were not fair.
The students said people in India have the right to share their opinions, even about important leaders.
They also said the Bar Council asked for private information about who started the campaign, which should not be allowed.
The students asked the leader of the Bar Council to say sorry for his words.
The Bar Council of India (BCI) on August 13 directed state bar councils not to enrol NALSAR University of Law's 2026 graduates, but withdrew the order the same day after criticism.
The action followed a campaign by about 450 of NALSAR's 1,400 students against inviting Chief Justice of India Surya Kant to the university's convocation.
The Student Bar Council condemned the BCI and demanded an apology from Chairperson Manan Kumar Mishra for 'objectionable comments' about students and faculty.
The student body said the BCI's demand for details of those involved in the campaign was an intrusive violation of privacy and breached Article 19(1)(a) free speech rights.
Students alleged Mishra's role as a BJP Rajya Sabha member made the inquiry appear political, and the CJI sharply questioned the BCI's action.
- Who
- Bar Council of India (BCI) Chairperson Manan Kumar Mishra, the Student Bar Council of NALSAR University of Law, the university's 2026 graduates, and Chief Justice of India Surya Kant
- What
- The BCI briefly barred NALSAR's 2026 graduates from enrolment as advocates over student opposition to inviting the CJI to convocation, then withdrew the order; the Student Bar Council condemned the move and demanded an apology
- Where
- India (NALSAR University of Law)
- When
- August 13 (order issued and withdrawn the same day); the Student Bar Council's statement was issued late Friday and reported on Saturday
- Why
- The BCI acted over student dissent against the CJI's convocation invitation; students and commentators argue the regulator overstepped its statutory powers and infringed constitutionally protected free speech
Defenders of student dissent
Defenders of regulatory authority
Student opposition to the CJI's convocation invitation
Defenders of student dissent
Opposing the CJI's participation is legitimate peaceful dissent protected by Articles 19(1)(a) and 19(1)(b); no institution, including the Supreme Court, is beyond legitimate scrutiny.
Defenders of regulatory authority
BCI Chairperson Mishra suggested the campaign was orchestrated - that 'a handful of teachers and outsiders' instigated 'innocent students' - implying the dissent was not genuine student opinion.
Scope of the BCI's statutory powers
Defenders of student dissent
The Advocates Act, 1961 spells out the BCI's functions and the specific grounds for disqualification; the council cannot create new punishments by executive direction.
Defenders of regulatory authority
The BCI has broad statutory supervision over legal education and state bar councils, and can act against conduct it deems objectionable to the profession.
Collective ban versus individual accountability
Defenders of student dissent
A blanket ban punished an entire graduating class over a few students' actions, and demanding details of everyone involved was an intrusive violation of privacy.
Defenders of regulatory authority
The BCI moved quickly to investigate the campaign and withdrew the order the same day after finding the 'vast majority' of students were innocent - an appropriate correction.
Key facts
- Regulator
- Bar Council of India (BCI)
- BCI Chairperson
- Manan Kumar Mishra
- University
- NALSAR University of Law
- Affected group
- 2026 graduates; about 450 of NALSAR's 1,400 students campaigned against inviting the CJI
- Date
- August 13 (order issued and withdrawn the same day)
- Trigger
- Students opposed inviting Chief Justice of India Surya Kant as convocation chief guest
- Outcome
- Order withdrawn; Student Bar Council demands apology from Chairperson Mishra
- Statutes cited
- Advocates Act, 1961 (Sections 7, 24, 24A); Article 19(1)(a) and 19(1)(b) of the Constitution
Quotes
Student Bar Council of NALSAR
Elected student body at NALSAR University of Law
“We acknowledge the rescission of the (BCI) letters and the extinguishment of the cause of action. However, even then, it is important for us to record our condemnation of this event at four levels: statutory, constitutional, first principles, and in light of the wider social realities of repression and unfreedom.”
telegraphindia.com
indianexpress.com
“NALSAR is facing a defining choice: whether to acquiesce in the shrinking of democratic space or to affirm that universities are not extensions of the state, that regulators are not instruments for policing political opinion, and that constitutional freedoms do not become expendable when they are inconvenient.”
indianexpress.com
Sources
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