Bar Council of India Calls for Peace Amid CAA Protests, Faces Criticism for Overreach

A Plea for Peace Amidst Turmoil

In December 2019 , as protests against the Citizenship Amendment Act (CAA) erupted across India, the Bar Council of India (BCI) issued a press release appealing for calm. The BCI called upon lawyers, bar associations, and law students to take active steps to ensure law and order , urging them to "convince the people and the common-man to enhance the feelings of brotherhood in the society." The statement emphasized that the matter was pending before the Supreme Court , and everyone should await the apex court's decision.

Solidarity with Security Forces

The BCI also expressed unwavering solidarity with the police and armed forces, declaring that "the legal fraternity and their bodies cannot tolerate any attack on or humiliation of our forces." It condemned violence, damage to public and private property, and attacks on personnel, urging the administration to bring perpetrators to justice.

A Checkered Past

Despite this call for peace, the BCI's credibility has been under scrutiny. The press release, signed by Chairman Manan Kumar Mishra, is just one episode in a series of controversial actions. Critics point to Mishra's history of unilateral decisions and partisan statements issued on official BCI letterhead. Recently, he made headlines for attempting to bar the entire graduating batch of NALSAR University of Law from enrolling as advocates because some students protested against Chief Justice of India Surya Kant's comments. The decision was rolled back within hours after facing massive backlash.

Legal Experts Raise Concerns

Legal observers have questioned the statutory basis for such actions. Under Section 24A of the Advocates Act , enrollment can only be barred for specific convictions, not for exercising constitutional rights . "Enrolment is not a charity of the BCI Chairperson. It is the earned right of the students," noted a prominent legal opinion. The incident fueled calls for accountability and democratic decision-making within the BCI.

The Need for Accountability

Mishra's tenure has drawn criticism for its partisan tone, with statements on issues ranging from the farmers' protests to same-sex marriage pleas. The BCI's move to increase council seats after the Supreme Court mandated 30% women representation was seen as an attempt to circumvent the directive. Critics argue that the BCI should focus on its regulatory role and not become a platform for political commentary.

Key Observations

As the BCI appeals for peace and respect for judicial process , its own actions have come under judicial and public scrutiny. The press release's call to "await the decision of Apex Court" reflects the proper constitutional path, but the BCI's own adherence to legal processes remains a subject of debate. The legal community continues to emphasize that respect for authority does not preclude critical engagement, and that the BCI must operate transparently and democratically.