Can BCI halt enrolment of an entire graduating batch?

Can BCI halt enrolment of an entire graduating batch?

Manan Kumar Mishra

Rizmi Lia M.

Chennai. 15.08.2026

On Thursday, Bar Council of India (BCI) chairman Manan Kumar Mishra, in a letter, directed all State Bar Councils not to enrol any 2026 batch graduate of the National Academy of Legal Studies and Research (NALSAR) until further orders.

The direction came amid an inquiry into a campaign by some students opposing Chief Justice of India Surya Kant’s participation in the NALSAR’s convocation. The BCI chairman sought a factual report from the NALSAR identifying those who initiated, organised, coordinated or mobilised the campaign.

Hours later, the BCI Council modified the direction and said all NALSAR graduates of the 2026 batch could enrol with the State Bar Council of their choice.

This raises questions about the statutory powers of the BCI, the authority of its chairman and whether an entire graduating batch can be subjected to an enrolment restriction over the alleged conduct of some students.

What powers does the BCI have over State Bar Councils?

The Advocates Act, 1961, gives the BCI general supervision and control over State Bar Councils under Section 7(1)(g). Section 48B further permits the BCI, in exercise of this power, to give directions to State Bar Councils or any committee thereof as may appear to it to be necessary. Rule 15 of the BCI Rules provides that, subject to resolutions of the BCI, the chairman exercises general control and supervision over the affairs of the BCI. Rule 18 allows the chairman to pass interim orders in revisional and other matters arising from the BCI’s supervisory jurisdiction.

“The blanket direction stopping the entire 2026 NALSAR batch from enrolling has no statutory basis. Enrolment is primarily the statutory function of the State Bar Councils under the Advocates Act, and there appears to be no specific provision empowering the BCI chairman, acting individually, to suspend the enrolment of an entire batch,” said advocate Manoj Kumar N., a member of the BCI and Bar Council of Kerala.

What does the law say about enrolment?

Section 6(1)(a) entrusts State Bar Councils with admitting persons as advocates on their rolls. Section 24 sets out qualifications for enrolment, while Section 24A provides for certain disqualifications. Sections 25 and 26 deal with the authority and procedure for admission.

“No blanket restrictions can be imposed by the BCI. Every application has to be dealt with independently and if they meet the statutory requirements, they are entitled to be enrolled,” said advocate Yeshwanth Shenoy, member of the Bar Council of Kerala.

Mr. Kumar said the BCI may inquire into individual conduct, but collective punishment cannot ordinarily be imposed on an entire batch for the alleged acts of a few. Pre-enrolment conduct, he said, may become relevant when it attracts a statutory disqualification or affects eligibility but mere expression of an opinion or peaceful protest cannot by itself justify denial of enrolment.

What have courts said?

In Indian Council of Legal Aid & Advice v. Bar Council of India (1995), the Supreme Court struck down a BCI rule barring persons above 45 from enrolment. It held that the BCI could not use its rule-making power under Section 49 to create an additional disqualification not provided for by the Advocates Act.

The court held that substantive questions of enrolment fall within the domain of State Bar Councils, observing that it was “within the exclusive domain of the State Bar Councils” to admit persons to their rolls or remove their names.

What happens now?

The BCI subsequently withdrew the blanket restriction and allowed the NALSAR’s 2026 graduates to enrol with the State Bar Council of their choice. “With the blanket restriction now withdrawn, NALSAR’s 2026 graduates are presently entitled to seek enrolment in the ordinary course,” Mr. Kumar said. He added that any disqualification would have to be based on the Advocates Act and the rules governing enrolment.