Justice Nagarathna calls for Bar introspection amid NALSAR controversy

Justice BV Nagarathna, a Supreme Court judge, has called for introspection among the Bar Councils, urging them to reflect on their role and restore the respect of legal professionals, during her speech at the 13th convocation of National Law University, Delhi. Her remarks came in response to the ongoing controversy involving the Bar Council of India (BCI) and NALSAR University of Law, Hyderabad. The dispute began when the BCI, on August 13, instructed state Bar Councils not to enroll the 2026 graduating batch of NALSAR as advocates. This decision followed a controversy surrounding a student-led campaign opposing the invitation of Chief Justice of India Surya Kant to serve as the chief guest at the university's convocation. The BCI's move sparked backlash from students and legal experts, leading to a public outcry. In response, the BCI later withdrew the enrollment freeze and closed the proceedings against the batch. BCI Chairman Manan Kumar Mishra issued an apology to the affected students. A Supreme Court bench, presided over by Chief Justice of India Surya Kant, examined the matter and raised concerns about the BCI’s interference in the university’s internal affairs. The court emphasized the rights of students to freely express dissent and scrutinized the BCI’s actions. Legal circles expressed criticism of the BCI, with some calling for Mishra’s resignation. The incident highlighted growing tensions between regulatory bodies and academic institutions, raising questions about the autonomy of universities and the role of the Bar Councils in overseeing legal education. In her address, Justice Nagarathna addressed the broader implications of the BCI-NALSAR conflict, placing it within the larger framework of the legal profession’s responsibilities. She urged the Bar to reconsider its relevance to the public, its contribution to democratic governance, and its commitment to upholding judicial integrity. “The Bar in India must re-think about its usefulness to the litigant public, its role in safeguarding our democracy and in upholding the majesty of courts of law and its indispensability in upholding justice and rule of law,” she stated. She pointed out that the current legal system is burdened by case backlogs, procedural delays, increasing financial costs, and uncertainty. These challenges, she argued, require the legal community to unite and advocate for reforms that ensure efficient and equitable justice delivery. “The lawyers of this country are the torch bearers of the values of our Constitution,” she said, cautioning that any failure or misstep by the Bar could significantly affect India’s political and social fabric. Nagarathna further described the legal profession as more than just an occupation, it is an “office of trust.” Lawyers, she explained, operate within institutions that belong to the public, and their duties extend beyond serving individual clients. They are entrusted with maintaining the independence of the Bar, which is essential for a functioning constitutional democracy. “Independence exists not for the benefit of lawyers themselves but because a constitutional democracy requires professionals who can advise, argue, challenge and represent without seeking permission from the State, the market or even their clients,” she noted. She concluded by addressing the graduating students, urging them to protect the independence of the legal profession and earn the trust of the public. “Lawyers are safety valves of democracies,” she said, emphasizing the critical role they play in preserving democratic ideals and ensuring accountability. Her message resonated with the audience, reinforcing the need for self-reflection and collective responsibility within the legal community.