The Supreme Court on Friday strongly criticised the Bar Council of India’s action against NALSAR University students over their protest against Chief Justice of India Surya Kant, observing that students have the right to raise their voice peacefully.
“Students have the right to protest. Students have written a letter to me. It’s a dialogue between students and me. The BCI action was absolutely unnecessary. Totally uncalled for. BCI has nothing to do with this,” CJI Surya Kant said.
“Peacefully, they are raising voice, they should be allowed,” he added.
The remarks came after Senior Advocate K Parameshwar mentioned before the court a petition challenging directions issued by BCI Chairman Manan Kumar Mishra to stop the enrolment of NALSAR students over the protest campaign.
Although the directions were subsequently withdrawn, Parameshwar told the court that the matter still required examination, particularly over the manner in which the BCI chairman had taken the decision.
He submitted that there was no indication that the Bar Council had formally met or passed a resolution authorising the action. He also pointed out that a BCI member from Kerala had publicly opposed the move.
Justice Joymalya Bagchi, who was part of the bench, questioned whether the BCI had formally convened before taking the decision.
“Was BCI convened to take a resolution like that? We want to know,” Justice Bagchi asked.
SC Bars Punitive Action Against Students
The bench took the petition on record and passed an interim order directing that no Bar Council should take punitive action against any law student over the incidents referred to in the BCI chairman’s communication.
The CJI said the students had written to him and described the matter as a dialogue between the students and the Chief Justice.
He also recalled his own involvement in student activities during his university years and said students should be allowed to express disagreement peacefully.
Counsel appearing for the BCI informed the court that the disputed decision had already been withdrawn.
BCI Withdraws Earlier Action
Mishra had said in a post on X on Thursday night that the BCI had decided to close the proceedings altogether after considering representations from senior advocates, members of the Bar, law students and others.
He said the council was satisfied that NALSAR’s 2026 batch had no role in any disturbance or movement and that no further action was required.
Mishra wished the students well but advised them to express their views with “respect and institutional decorum”, while maintaining that dissent was welcome in a democracy.
The Supreme Court’s interim order nevertheless ensures that students cannot face punitive action from Bar Councils over the protest referred to in the BCI chairman’s communication.
