Bar Council of India Has No Jurisdiction to Punish Students: Supreme Court
The Supreme Court ruled that the Bar Council of India (BCI) and State Bar Councils lack jurisdiction to discipline or penalize law students exercising their constitutional right to protest. Hearing a petition by NALSAR graduates against BCI's punitive actions, the bench led by Chief Justice Surya Kant clarified that the Advocates Act, 1961, limits the BCI's disciplinary powers exclusively to registered advocates. The apex court emphasized that only universities or competent authorities possess the authority to discipline students, safeguarding academic autonomy and freedom of speech in educational institutions.
Key Points
- The Supreme Court ruled that the Bar Council of India has no statutory power under the Advocates Act, 1961, to take disciplinary action against law students.
- The court protected students' constitutional right to peaceful protest and free speech in academic spaces against regulatory overreach.
- Disciplinary powers of the BCI are strictly confined to registered advocates, leaving student discipline solely to parent universities.
- The ruling reinforces university autonomy and prevents professional bodies from exerting chilling effects on students' fundamental rights.
Exam Facts
- The Supreme Court bench was led by Chief Justice Surya Kant.
- The ruling pertains to the limits of the Advocates Act, 1961.
- The case involved NALSAR graduates threatened by BCI over protests against the Chief Justice of India's remarks.
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