Why SC Says BCI Can't Punish Law Students: Where Does It Draw the Line?

Supreme Court rules BCI lacks disciplinary powers over law students, affirming educational institutions’ authority to address student misconduct.

By Pranjal Gupta

New Delhi, August 3: The Supreme Court Thursday stated that the Bar Council of India (BCI) has no statutory power to take disciplinary action against law students until they become advocates. Hence, only educational institutions can take action against students for misconduct.

The bench, comprising CJI Surya Kant, Justices Joymalya Bagchi and V Mohana, set aside two notifications issued by the BCI in connection with the NALSAR row. However, the notices were withdrawn within hours of their issuance following severe criticism.

According to the bench, the BCI could not exercise regulatory control over students before they came within the statutory framework governing the legal profession. The Supreme Court passed the order while dealing with the controversy arising out of the BCI's action against students of Hyderabad's NALSAR University of Law over their objections to the CJI's proposed participation in the university's convocation.

Supreme Court rules BCI cannot discipline law students, saying educational institutions alone can act against student misconduct.

It said any action against students for their conduct was a matter for the educational institution concerned to consider under its own rules and regulations.

The controversy had erupted on August 14 after the BCI directed state bar councils not to enrol NALSAR's 2026 graduates as advocates until further orders over allegations relating to a campaign against CJI Kant's proposed visit to the university.

When the matter was mentioned before the Supreme Court, the CJI had strongly disapproved of the BCI's intervention, saying, "It's a dialogue between students and me. Who are they (BCI) to interfere? This is totally uncalled for."

(With Inputs from PTI)