'Students have a right to protest': CJI slams BCI in NALSAR case
PTC Web Desk: Chief Justice of India (CJI) Surya Kant on Friday strongly criticised the Bar Council of India (BCI) for intervening in the NALSAR University of Law enrolment controversy, saying the Council had no authority to interfere with students' peaceful protests.
The Supreme Court made it clear that students cannot be prevented from expressing their views through lawful and peaceful means. The bench also restrained the BCI and state bar councils from taking punitive or criminal action against students or faculty members of national law universities and other universities over the controversy.
The observations came after senior advocate K Parameshwar raised the matter before a bench headed by CJI Surya Kant, along with Justices Joymalya Bagchi and V Mohana.
The court agreed to hear a petition challenging the BCI's actions and issued notice to the Council. The BCI has been asked to file its response within two weeks.
CJI Kant said the BCI's intervention was unnecessary and stressed that students have a constitutional right to protest when they have a genuine grievance. “If students have a cause or a reason to protest, they have a right to protest. Nobody can stop them, and we will not allow this,” the CJI observed.
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During the hearing, Parameshwar argued that the BCI had no role in matters taking place within a university and that its actions affected students' fundamental right to freedom of speech and expression.
The senior advocate said that withdrawing the BCI's initial order freezing enrolment did not resolve the underlying issue.
The CJI backed the submission, saying the students had written to him and that the matter was essentially a dialogue between the students and the Chief Justice.
“We are with you. This is absolutely uncalled for. They had no business to interfere,” CJI Kant said.
He also referred to his own student days and said universities must allow students to express dissent. “So long as they are lawfully and peacefully protesting, they have a right to raise their voice,” he said.
The Chief Justice further stressed that democratic institutions should be open to criticism and disagreement. “We have to be large-hearted. They should be allowed to speak. Even if they are wrong, they have a right to speak,” he said.
Justice Joymalya Bagchi also questioned whether the BCI's decision relating to the NALSAR students had actually been taken at a properly convened meeting of the Council. The court asked the BCI to explain the process in its response.
The bench also asked the BCI to ensure that the students' enrolment was not delayed because of the controversy.
CJI Kant, through senior advocate Parameshwar, urged the affected students to complete their enrolment and apply for membership of the Supreme Court Bar Association.
In its order, the Supreme Court said that until further orders, no punitive or criminal action should be taken against students or faculty members of national law universities or other universities in connection with the matter.
The dispute began after a group of NALSAR students objected to the decision to invite CJI Surya Kant as the chief guest at their convocation.
On July 23, around 70 students from the outgoing LLB batch submitted their first representation. Students from other batches later expressed support for the campaign. The students referred to observations made by CJI Kant during proceedings concerning a petition alleging police excesses during student protests in Delhi.
They argued that the choice of a convocation chief guest should be consistent with NALSAR's commitment to constitutional values, access to justice and the right to raise grievances.
The Supreme Court hearing came shortly after the BCI changed its position on the issue for the third time. BCI chairman Manan Kumar Mishra announced on Friday morning that proceedings against the NALSAR 2026 graduating batch would be closed completely.
In a post on X, Mishra said the decision was taken after considering representations from senior advocates, members of the Bar, law students and other members of the public.
He said the BCI was satisfied that the 2026 batch as a whole had not been involved in any disturbance or movement and that no further action was required against NALSAR.
The latest decision marked a significant change from the Council's position a day earlier. On Thursday, Mishra had directed all State Bar Councils not to enrol students who graduated from NALSAR in 2026 until further orders.
The BCI had also sought an authenticated report from the university identifying individuals who allegedly initiated, organised or coordinated the campaign against CJI Kant's participation in the convocation.
Later the same day, the Council modified its order and said the majority of students were innocent and should not suffer for the actions of others.
However, it continued with an inquiry into allegations that some teachers and outsiders had influenced or misled students. The BCI's latest announcement has now dropped that inquiry as well.
The decision also followed a response from NALSAR Vice-Chancellor Srikrishna Deva Rao.
The university had indicated that it would examine, under its governance regulations, whether the inquiry sought by the BCI fell within the Council's constitutional powers.
While withdrawing the proceedings, BCI chairman Mishra advised students to maintain institutional discipline and decorum.
He said students should express their opinions freely but with respect for legal and judicial institutions. He also said dissent is an important part of democracy, while public ridicule of institutions can be counterproductive.
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Tags: CJI Surya Kant, NALSAR, NALSAR University of Law, Bar Council of India, BCI, Supreme Court, Law Students, Students Protest, NALSAR Enrolment, Surya Kant, Legal News, India News
URL: cji-surya-kant-slams-bci-nalsar-enrolment-row-students-right-to-protest
Meta Description: CJI Surya Kant criticised the BCI over the NALSAR enrolment row, saying students have the right to peacefully protest. Supreme Court restrained punitive action against students and faculty.
- With inputs from agencies
