Supreme Court Slams BCI Over NALSAR Enrollment Ban, Affirms Students’ Right to Protest The Bridge Chronicle
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Supreme Court Slams BCI Over NALSAR Enrollment Ban, Affirms Students’ Right to Protest

BCI’s flip-flop on NALSAR convocation row sparks debate on academic freedom, collective punishment and the limits of regulatory power over law students

Abhijit Sherekar

On Friday, the Supreme Court strongly criticized a Bar Council of India (BCI) circular instructing all state bar councils to refuse enrollment of any 2026 batch graduate from NALSAR University of Law as advocates, stating that students possess the right to protest.

A bench headed by Chief Justice Surya Kant said the BCI has nothing to do in the matter as it was a dialogue between him and the students.

“They (students) have a right to protest. Who can stop them,” the CJI, who was heading a bench which also comprised Justices Joymalya Bagchi and V Mohana, said.

“It’s a dialogue between me and students. Who are they (BCI) to interfere,” the CJI said.

The remarks were made after a petition contesting the BCI circular was brought up for urgent hearing.

The bench issued a notice to the BCI requesting its response to the plea and ordered that no disciplinary measures be taken against NALSAR’s students or faculty by the BCI or any state bar council.

The counsel appearing for the BCI told the bench that the circular has been withdrawn.

NALSAR Controversy

A section of students opposed inviting CJI Surya Kant as chief guest for the NALSAR University’s 2026 convocation.

They cited his reported remarks during a Supreme Court hearing on alleged police brutality against protesters (linked to a July 20 “Chalo Sansad”/Cockroach Janta Party-related demonstration at Jantar Mantar in Delhi).

When the lawyer attempted to submit videos, the bench headed by the Chief Justice of India reportedly responded along the lines of, “Please don’t waste our time. We don’t have time to watch these videos,” or simply, “Don’t waste our time.”

Students contended that accepting degrees from him was inconsistent with the principles of justice and freedom of expression promoted at NALSAR.

Around 70 graduating students first wrote in, with support growing to roughly 450 of the university’s 1,400 students.

BCI Chairperson Manan Kumar Mishra responded by instructing State Bar Councils to refuse enrollment of any 2026 graduates from NALSAR as advocates, requesting the names of those participating in the campaign, and alleging that teachers or external individuals may have instigated it.

Backlash

This triggered widespread backlash over collective punishment, academic freedom, free speech, and the BCI’s powers.

Saurav Das, spokesperson for the Cockroach Janata Party, wrote on X about the incident and urged the BCI chairperson to revoke the contentious decision.

The BCI reversed course, multiple times in hours, ultimately closing proceedings.

  • In its initial statement, BCI chairperson Manan Kumar Mishra said the council was looking into allegations about a campaign opposing CJI Kant’s presence at the university’s convocation and had requested a report naming those accountable.

  • The apex statutory body for lawyers said a final decision in the matter would be taken on August 19 after considering the material placed before it.

  • Following widespread criticism on social media, the BCI revised its decision and permitted state bar councils to register NALSAR University of Law’s 2026 graduates as advocates.

  • The revised notification amended the earlier order, declaring that the "vast majority" of students were not at fault and should not face difficulties due to the alleged wrongdoing of a small minority.

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