It’s between students and me: CJI raps BCI over NALSAR row, upholds students right to dissent

Mangalore Today News Network

New Delhi, Aug 14, 2026: The Supreme Court on Friday strongly disapproved of directions issued by Bar Council of India (BCI) Chairperson Manan Kumar Mishra — subsequently withdrawn — seeking to halt the enrolment of NALSAR University students for their protest campaign against the Chief Justice of India, affirming that students have a fundamental right to peaceful protest.

Chief Justice of India Surya Kant, speaking for a bench also comprising Justices Joymalya Bagchi and V Mohana, questioned the BCI’s intervention and underlined that peaceful dissent by students could not be stifled.

“BCI is unnecessarily taking action. If the students have a cause to protest, they have the right to protest. Students might have written a letter to me. It’s a dialogue between students and me. Who are they (BCI) to unnecessarily raise an issue? This is totally uncalled for. BCI has nothing to do with this,” the CJI said.

Recalling his own student days, the Chief Justice observed: “I myself, during student days, was involved in student activities. Peacefully they are raising voice, they should be allowed. Even if they are wrong, assuming, they have the right to protest. Who can stop them? So long as they are lawfully and peacefully raising a voice, they must be heard. Why Bar Council or any other body should interfere?”

He added that even if a young person makes an incorrect statement, punitive action is not the answer.

The observations came when senior advocate K Parameshwar orally mentioned a writ petition challenging the BCI Chairman’s directions. 

Though the directions were later withdrawn, Parameshwar submitted that the cause of action survived and that the episode raised serious questions about the manner of the BCI Chairman’s functioning. 

He pointed out that there was no mention of any Council meeting authorising the action and that a BCI member from Kerala had already opposed the move. 

“The functioning of the Bar Council itself is a serious issue,” he told the court.

Advocate Radhika Gautam, appearing for the BCI, informed the bench that the impugned decision had been withdrawn.

Justice Bagchi sought clarity on the process, asking, “Was BCI convened to take a resolution like that?”

Accepting the oral mention, the bench took the petition on board and passed an interim order directing that no punitive action shall be taken against the students or faculty of NALSAR at the instance of the BCI or any Bar Council over the incidents referred to in the Chairman’s letters (relating to the campaign against the CJI’s participation in the university’s convocation).

Striking a conciliatory note, the Chief Justice said he welcomed NALSAR students to the Supreme Court Bar. 

“You tell the students, get the licence at the earliest. Join the Supreme Court bar. We will empanel them for legal aid cases, and let them do legal aid. This will be the befitting answer to all those who caused impediment in their career,” the CJI said.

On Thursday, the BCI Chairman had directed all State Bar Councils not to enrol NALSAR’s 2026 graduates until further orders. He had sought an authenticated report from the university identifying those principally involved in initiating or mobilising the campaign against the CJI’s invitation. 

Within an hour, the Council recalled its directive upon finding that the vast majority of students were innocent and had not intended to join the campaign opposing Chief Justice of India Surya Kant’s participation in the varsity’s convocation.

In the wake of sharp reactions, on Friday morning, the BCI finally decided to drop all proceedings against the 2026 graduating batch of NALSAR University of Law, Hyderabad.