The Supreme Court has ruled that bar councils do not hold statutory power to take disciplinary or punitive actions against law students until they enrol as advocates. The court also overturned an unlawful directive by the Bar Council of India chairman.
On Thursday, the Supreme Court passed a judgment stating that neither the Bar Council of India (BCI) nor state bar councils have the statutory power to take disciplinary or punitive actions against law students. This decision came in response to an unlawful directive issued by BCI chairperson Manan Kumar Mishra on August 13, which aimed to defer the enrolment of the graduating batch at the National Academy of Legal Studies and Research (NALSAR) due to student protests against inviting Chief Justice Surya Kant to their convocation. The BCI's order had also sought an inquiry against the students and faculty members.
The court further held that bar councils gain disciplinary powers over law students only after they enrol as advocates. According to Live Law, the unlawful directive by Mishra was issued due to the students' campaign against inviting Kant to their convocation over his remarks on police action against youth protesters.
The BCI's order was withdrawn hours later. On Thursday, a bench headed by Justice Surya Kant disposed of the petition and made the interim order protecting NALSAR students and faculty members from any punitive action by BCI or state bar councils absolute. Mishra had apologized to law students for his directive on August 16.
Mishra, a Bharatiya Janata Party-nominated Rajya Sabha MP, wrote a three-page letter expressing his sincere regret and apology if anything connected with the controversy or his words had hurt the feelings of law students.
Source:
Scroll.in
