Supreme Court limits Bar Council of India powers and oversight

The Supreme Court of India has issued several rulings regarding the Bar Council of India (BCI) following a controversy involving NALSAR University of Law. The Court ruled that the BCI lacks the statutory authority to discipline law students or regulate their conduct, asserting that such disciplinary control rests exclusively with the educational institutions themselves. This decision quashed BCI communications that had sought to bar the enrollment of NALSAR’s 2026 graduating batch following student protests against the Chief Justice of India’s proposed attendance at their convocation.

Additionally, the Supreme Court addressed the leadership of the BCI. While questioning the legal basis for Chairperson Manan Kumar Mishra’s extended tenure, the Court ruled that the BCI will be reconstituted once newly elected State Bar Councils complete their statutory processes. Until then, the existing leadership may manage day-to-day functions, but all major policy decisions must now involve the Attorney General for India and the Solicitor General for India for oversight.

In a separate matter related to the unrest, the Court directed advocates alleging they were assaulted during a protest against the BCI Chairman to approach the Delhi High Court regarding their request for a CBI investigation.