The Supreme Court on Thursday held that the Bar Council of India (BCI) and state bar councils have no statutory power to regulate the conduct of law students, saying it was for educational institutions to take action against students in accordance with their own regulatory norms.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order while dealing with the controversy arising out of the BCI’s action against students of Hyderabad’s NALSAR University of Law over their objections to the CJI’s proposed participation in the university’s convocation.
“We are of the opinion that the Advocates Act, 1961, whereunder the BCI has been statutorily created, does not confer any express or implied power upon the BCI or any State Bar Council to take any disciplinary action against the students of law.
“Such a power is preceded by registration of a law graduate as an advocate under the said Act. So far as students are concerned, it is their parent institution or the authority prescribed under the regulations/byelaws of such institution which alone are competent to take disciplinary action,” the bench said in its order.
It set aside two notifications issued by the BCI in connection with the NALSAR row, even though both were withdrawn within hours of their issuance following widespread criticism.
“We declare all communications dated August 13 or subsequent modified communication to be without any authority of law. Interim directions made absolute,” the bench said while disposing of the plea filed by two NALSAR alumni, Mihira Sood and Abhishek Tiwari.
