“Who are they to raise an issue?”: SC restrains BCI action against NALSAR students as questions on conflict of interest swirl

“IT’S A DIALOGUE BETWEEN students and me. Who are they (the Bar Council of India) to unnecessarily raise an issue?,” said Chief Justice of India (‘CJI’) earlier today when Senior Advocate K Parameshwar orally mentioned a writ petition against the Bar Council of India (‘BCI’) Chairman’s directions. Although the BCI later withdrew the directions, the cause of action still survives, Parmeshwar submitted before the bench comprising the CJI and Justices V. Mohana and Joymalya Bagchi. 

“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?” the CJI said. “Why Bar Council or any other body should interfere?,” he added. 

Despite the BCI having withdrawn the directions and all consequential proceedings, the bench proceeded to pass an interim order directing that no punitive action shall be taken against the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. 

The proceeding, however, has raised the question of conflict of interest given that CJI’s handling of the police brutality was the underlying reason for the action by the NALSAR-2026 batch. It has been a basic principle of the judicial system that no one should be a judge in his or her own case or nemo judex in re sua.  In 1997, the Supreme Court adopted the Restatement of Values of Judicial Life which iterates the same principle. Whenever a judge has been allocated a case in which there exists a reasonable apprehension that he might not bring an impartial mind to the resolution of the question he is required to decide, he or she must ideally recuse. 

BCI’s abrupt issuance of directions and immediate withdrawal 

On July 23, a group of graduating students at NALSAR wrote to the university administration to reconsider the invitation to the CJI as the chief guest for the University’s 23rd convocation. The students referred to publicly available reports concerning the CJI’s handling of allegations of police brutality against protesters at Jantar Mantar and wrote, “We feel that receiving our degrees from a dignitary whose recent public conduct, as reported, appears dismissive of serious allegations of police brutality against protesting citizens sits uncomfortably with what we have been taught to value during our time at NALSAR.”