Home \u00bb Nation and Beyond \u00bb Senior advocate criticises Bar Council of India\u2019s order on NALSAR students\u2019 registration<\/p>\n
Senior Supreme Court Advocate and BJP leader Nalin Kohli expressed surprise and disapproval at the Bar Council of India\u2019s (BCI) now-withdrawn directive to block the registration of NALSAR University of Law students who protested or expressed their viewpoints. Addressing the matter, Kohli described the decision as shocking to many legal practitioners, particularly given that it concerned a premier law college.<\/p>\n
He emphasised the constitutional rights of freedom of speech, expression, and peaceful protest, stating, \u201cAs a practising senior advocate, we were all, many of us were absolutely taken aback by the kind of direction that came from the Bar Council of India, which had decided to stop the registration of such students who expressed a point of view or protested about the convocation ceremony. It\u2019s coming from, after all, one of the law colleges, a premier law college.\u201d He added, \u201cAs practising advocates, we understand that, after all, the right to freedom of expression and speech is a protected right under the Constitution of India; it\u2019s a guarantee. The right to protest peacefully is also recognised.\u201d<\/p>\n
Kohli questioned the justification for punitive measures against students or citizens expressing peaceful dissent, noting, \u201cNow, if a set of students or any person who is a citizen of India is expressing their point of view in a peaceful manner, how can there be such punitive action against them? And certainly, what will impact their future?\u201d<\/p>\n
He also praised Chief Justice of India Surya Kant for his intervention, saying, \u201cOn what basis did the Bar Council of India take that decision, and then decide to withdraw it? Only the Bar Council of India will explain. As far as the courts are concerned, even the Chief Justice of India, Justice Surya Kant, clearly and unequivocally spoke against it in the court today and has issued notice on such a petition.\u201d<\/p>\n
Advocate Ashwini Upadhyay supported this view, stating that the BCI has no jurisdiction over student expressions at leading institutions such as NALSAR. \u201cNALSAR is one of the premier legal education centres in our country. Very good advocates have emerged from there. And if some students there wanted to express their views, which they did, I feel that the Bar Council of India (BCI) has no role in that. Nowhere does the BCI have any role in this. And the letter that the BCI had issued, they have taken it back. So I feel this controversy should now come to an end,\u201d he asserted.<\/p>\n
Conversely, Advocate Gyanendra Singh offered a balanced perspective, criticising both the students\u2019 and BCI Chairman\u2019s actions. He commented, \u201cWhat NALSAR\u2019s students did was wrong, and at the same time, what the Chairman of the Bar Council of India did was also wrong. Freedom of speech and expression is a protected right, and it cannot be curtailed by any executive order other than through law. What the Chief Justice of India has done is very commendable. And what the students did was wrong, because when the Chief Justice of India\u2019s dignity is not upheld, lawyers\u2019 dignity will not be upheld either.\u201d<\/p>\n
The controversy began when Chief Justice of India Surya Kant objected to BCI circulars concerning NALSAR students who had expressed opposition to his proposed role as chief guest at the university\u2019s convocation. The CJI questioned the BCI\u2019s authority over what he described as a dialogue between himself and the students, stating, \u201cBCI has nothing to do with this. We are with you. Students have written a letter to me. It\u2019s a dialogue between students and me. Who are they to unnecessarily issue a circular?\u201d<\/p>\n
The Bar Council of India quickly withdrew the enrolment restriction, acknowledging that most of the 2026 graduates were not involved in any attempt to disrespect the Chief Justice. However, it retained the option to consider further action based on a report from the university\u2019s Vice-Chancellor.<\/p>\n
This story is written by TNM Bureau with inputs from ANI. The News Mill is a Guwahati-based digital media with focus on content from across Northeast India and beyond. We can be reached through [email\u00a0protected]<\/p>\n