Justice BV Nagarathna called upon Bar Councils and members of the legal profession to have an introspective approach to their roles and responsibilities and commitment to professional ethics. Her remarks come in the light of the recent row between the Bar Council of India (BCI) and students of National Academy of Legal Studies and Research (NALSAR), Hyderabad.
Justice Nagarathna, speaking at the 13th convocation of National Law University, Delhi, said Bar Councils, at the central and state level, are to maintain professional ethics, morality and competence in the legal profession. If they are able to command the confidence and respect of the members of their own community, the credibility of these institutions is most important, she said.
Justice Nagarathna said that when a Bar Council fails to win the respect of lawyers, it is a matter for the profession as a whole. Although she did not directly mention the NALSAR controversy in her address, her comments occurred shortly after the BCI was criticized for intervening in a dispute involving the graduating students of the university.
The controversy started on August 13, after the BCI told state Bar Councils not to enrol members of NALSAR’s 2026 graduating batch as advocates. The decision came on the heels of a student group that opposed Chief Justice of India Surya Kant’s invitation at the university’s convocation.
The BCI later withdrew the enrolment freeze and closed proceedings against the graduating batch. The BCI chairman Manan Kumar Mishra apologised to the students. Nevertheless, the matter attracted considerable attention in legal circles and eventually came under the scrutiny of the Supreme Court.
A Supreme Court bench headed by CJI Surya Kant questioned the BCI’s intervention in this case and emphasized the students' right to peacefully dissent. The episode raised some criticism from within the legal fraternity with some calling for more accountability from the BCI.
Justice Nagarathna put Bar Council credibility at the centre of the legal profession’s responsibility to the judiciary and the lawyers and the legal profession. She encouraged the Bar to consider its role in establishing and maintaining democracy, the rule of law and the authority of the judiciary.
Justice Nagarathna said the legal system is now facing a lot of challenges, including a high pendency, delay in the disposal of cases and litigation costs. She said lawyers should speak with a “singular voice” on how the justice delivery system can be strengthened and sustained.
The Supreme Court judge also highlighted the historic contribution of lawyers to India’s freedom movement and the framing of the Constitution. This legacy is also incumbent on the present members of the Bar to maintain constitutional rights and to be responsive towards litigants’ needs, she said.
Justice Nagarathna said lawyers serve as guardians of constitutional values, but mistakes or failures in the legal profession have consequences beyond those of a single case. She told us that the conduct of lawyers and professional institutions can affect India’s wider political and civic landscape.
She also emphasized that law should not be considered to be a job or a business. Rather, she referred to the legal profession as an “office of trust” and lawyers work in institutions that serve the public.
The judge also spoke of the importance of the independence of the Bar. She said lawyers need to be able to advise, represent, argue and challenge decisions independently, not be influenced by the State, commercial interests or even the immediate needs of clients.
Justice Nagarathna addressed graduating students and urged them to protect the independence and credibility of the legal profession. She called lawyers “safety valves of democracies” and emphasized that professional independence is bound up with those responsibilities.
She also warned young lawyers that the pursuit of professional success would not outweigh their duty to society. Work done on behalf of clients should be seen as part of the wider public service done by the legal profession, she said.
Justice Nagarathna concluded her message to the graduates by telling them to use their legal knowledge and judgment to promote the rule of law. And she told them that when they leave law school they become not only legal professionals but also “Officers of the Court and Stewards of the Constitution.”
Her words have brought back the importance of Bar Councils and the need for more trust between professional regulatory agencies and the lawyers and students they represent. The NALSAR episode has led to broader questions of institutional accountability, professional independence and the space for dissent in India’s legal community.
