CJI Surya Kant slams BCI over NALSAR enrolment ban, calls move 'uncalled for'

Chief Justice of India (CJI) Surya Kant on Friday (August 14) voiced strong displeasure over the Bar Council of India's (BCI) circular directing State Bar Councils not to enrol 2026 graduates of NALSAR University of Law as advocates.

CJI questions BCI move

"BCI is unnecessarily taking action. If the students have a cause to protest, they have the right to protest. Students might have written a letter to me. It's a dialogue between students and me. Who are they (BCI) to unnecessarily raise an issue? This is totally uncalled for. BCI has nothing to do with this," the CJI said.

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He stressed that dissent by students cannot be curtailed merely because others disagree with their views.

"I myself, during student days, was involved in student activities. Peacefully they are raising voice, they should be allowed. Even if they are wrong, assuming, they have the right to protest. Who can stop them? So long as they are lawfully and peacefully raising a voice, they must be heard. Why Bar Council or any other body should interfere?" the CJI observed, as quoted by Live Law.

Petition mentioned before Bench

The remarks came after senior advocate K. Parameshwar orally mentioned a writ petition challenging the directions issued by the BCI Chairman. While noting that the directions had since been withdrawn, Parameshwar argued that the dispute had not become infructuous. According to him, the episode raised larger concerns about the exercise of authority within the BCI.

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Parameshwar told the Court that there was no indication that the Chairman's decision had been backed by a resolution of the Council. He also referred to a Kerala-based BCI member who had publicly opposed the move.

"The functioning of the Bar Council itself is a serious issue," Parameshwari submitted.

Bench seeks clarification

Appearing for the BCI, advocate Radhika Gautam informed the Bench that the challenged directions had already been rescinded.

Justice Joymalya Bagchi, who was hearing the matter alongside the CJI, sought clarity on how the decision had been taken in the first place.

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“Was BCI convened to take a resolution like that? We want to know,” Justice Bagchi asked.

The Bench agreed to take the petition on record after the oral mention. It also passed an interim order directing that neither the BCI nor any State Bar Council should initiate punitive proceedings against NALSAR students or faculty members in connection with the campaign opposing the Chief Justice's participation in the university's convocation.

Circular withdrawn

The CJI's remarks came after the BCI issued a directive barring the enrolment of NALSAR graduates. The order was withdrawn later the same day.

The circular had sought to stop the enrolment process while the BCI examined a student campaign that opposed the CJI's participation in the university's convocation ceremony.