GUWAHATI: The Supreme Court on Friday, August 14, strongly criticised the Bar Council of India (BCI) over its now-withdrawn decision directing State bar councils not to enrol graduates of the 2026 batch of NALSAR University of Law as advocates.
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Chief Justice of India Surya Kant said the BCI had no business interfering with the future of the students over their protest against his invitation as the chief guest at their convocation.
The observations came after senior advocate K Parameshwar, appearing in the matter, submitted that the BCI had “no business” dealing with what was happening inside a university. He argued that the Council’s action violated the students’ fundamental right to freedom of speech and expression.
Parameshwar also submitted that the BCI’s withdrawal of its first letter freezing the students’ enrolment did not erase the cause of action against the Council. “It spells a lot about the functioning of the BCI,” he told the bench.
Responding to the submissions, CJI Surya Kant said, “We are with you. This is absolutely uncalled for. They had no business to interfere.”
The Chief Justice further said the issue was a matter between him and the students, adding, “The students have written a letter to me, and it is between me and the students. There is a dialogue between us.”
The CJI also stressed that students have the right to protest as long as their demonstrations are lawful and peaceful.
“If students have a cause or a reason to protest, they have a right to protest. Nobody can stop them, and we will not allow this,” CJI Kant said.
The remarks came hours after BCI chairman Manan Kumar Mishra announced that the Council had decided to close its proceedings against the 2026 graduating batch of NALSAR in Hyderabad.
The BCI had initially directed State bar councils not to enrol the graduating students and ordered an inquiry into those allegedly involved in the campaign against CJI Kant being invited as chief guest at the convocation. The enrolment directive was later withdrawn following widespread backlash.
The Supreme Court also took up a petition seeking directions to restrain the BCI from issuing similar directives in the future and issued notice to the Council.
A bench headed by CJI Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, directed the BCI to file its counter-affidavit within two weeks.
The row began after students of the 2026 NALSAR batch wrote to the university opposing the invitation to CJI Surya Kant as chief guest at their convocation. Following the campaign, the BCI asked NALSAR to conduct an inquiry and directed State bar councils to freeze the enrolment of the graduating students until further orders.
The directive was withdrawn within hours after triggering widespread criticism.