NALSAR Enrolment Row Puts BCI's 14-Year Record Under Mishra in Focus
The Bar Council of India's (BCI) brief decision to bar 2026 law graduates from Hyderabad's NALSAR University of Law from enrolling as advocates, a move it withdrew within hours, has thrown the spotlight on the functioning of the regulatory body. The BCI has been headed by senior advocate and Bharatiya Janata Party (BJP) MP Manan Kumar Mishra for the past 14 years.
Established under the Advocates Act, 1961, the BCI is a statutory body mandated to regulate the legal profession and legal education across India. Its functions include laying down standards of professional conduct for advocates, exercising disciplinary jurisdiction, and recognising universities whose law degrees qualify individuals for enrolment. Additionally, Section 7(1)(g) of the Act grants it general supervision and control over state bar councils.
However, the Act does not confer on the BCI the power to enrol individuals as advocates; that responsibility lies with the respective state bar councils. In the NALSAR case, the regulator appeared to venture beyond its domain by taking punitive action against students. The Supreme Court reportedly observed that the BCI had no business to intervene in the matter, after which the decision was rescinded.
This controversy has reignited questions about whether the BCI, under Mishra's long tenure, has effectively discharged its statutory duty to uphold the standards of the legal profession and legal education. Mishra, who has been an outspoken figure and previously contested polls as a nominee of the Bahujan Samaj Party and the Congress before aligning with the BJP, has himself acknowledged regulatory lapses. He has stated on multiple occasions that 35-40% of advocates hold fake degrees and practise in courts based on fabricated certificates. While many believe this assessment to be true, it also serves as a stark indictment of the regulator, indicating that safeguards against serious malpractice have failed.
Another area of concern is legal education. The BCI has faced persistent criticism for failing to maintain standards amid the proliferation of law colleges, some of which allegedly operate as 'degree-selling' institutions, exempting students from attending classes. The Supreme Court has repeatedly expressed displeasure over the lack of professionalism in the legal fraternity and the BCI's inaction against lawyers who frequently resort to strikes.
The latest incident and the longstanding issues surrounding the BCI's oversight underscore the pressing need for introspection and reform within the legal regulatory framework. As the statutory guardian of the profession, the BCI's ability to enforce discipline, maintain educational standards, and uphold the integrity of legal practice remains crucial to the credibility of India's judiciary system.
