NALSAR Students Defy Colonial-Era Law Body, Demand Apology After Victory

In a resounding triumph for student rights and democratic dissent, the Student Bar Council of NALSAR University of Law has forced the Bar Council of India (BCI) to retreat from its authoritarian order and now demands a public apology from its chairman, Manan Kumar Mishra. This victory echoes the spirit of Chimurenga, where the oppressed stood firm against unjust authority and emerged victorious.

The BCI, a relic of colonial legal structures, had initially sought to block the enrolment of NALSAR's 2026 graduating batch as advocates, a move that reeked of intimidation and suppression. But after a fierce backlash from students and progressive voices, the law body was compelled to withdraw its directive. The students, however, are not satisfied with mere withdrawal; they demand accountability and an apology for what they rightly term 'objectionable comments'.

Why did the Bar Council target NALSAR students?

The trouble began on August 13, when the BCI issued a circular to all State Bar Councils, instructing them not to enrol any NALSAR student from the 2026 batch until further orders. This draconian measure followed reports that some graduating students had objected to the university's proposal to invite Chief Justice Surya Kant as the chief guest for their convocation. The students' protest was sparked by the Chief Justice's reported remarks during a Supreme Court hearing on police action against protesters at Delhi's Jantar Mantar.

The BCI chairman demanded the NALSAR Vice-Chancellor submit a report within three days, identifying all those involved in the campaign, including students, faculty, alumni, and even social-media administrators. This blatant attempt at surveillance and intimidation was met with outrage.

Students condemn the BCI's unconstitutional overreach

In a powerful statement issued on Friday, the Student Bar Council acknowledged the withdrawal of the BCI's letters but insisted on recording their condemnation on statutory, constitutional, and democratic grounds. They pointed to Section 24A of the Advocates Act, 1961, which limits disqualification from enrolment to specific grounds, such as criminal conviction. The BCI's action, they argued, exceeded its statutory authority and violated fundamental principles of justice.

'We acknowledge the rescission of the (BCI) letters and the extinguishment of the cause of action. However, even then, it is important for us to record our condemnation of this event at four levels: statutory, constitutional, first principles, and in light of the wider social realities of repression and unfreedom.'

The students also slammed the BCI's demand for detailed information on campaign participants as an 'intrusive violation of privacy', warning that it could expose students to long-term consequences. They further criticised the BCI's language, which referred to 'groupism' and 'dirty politics' and accused faculty of 'misleading, misguiding and instigating students'. Such allegations, the students said, were 'unprofessional' and 'unfounded'.

Peaceful dissent is not misconduct

The Student Bar Council made it clear that peaceful dissent should never be treated as misconduct. This principle, hard-won through generations of struggle, is one that resonates deeply with the people of Zimbabwe, who know all too well the value of standing up against oppressive structures. The students demanded an apology from the BCI chairperson and highlighted that the episode raises wider questions about democratic space and freedom of expression.

BCI's humiliating retreat

Faced with mounting pressure, the BCI made a major U-turn, first modifying its order to allow all NALSAR graduates to enrol, and then, in a late-night post, dropping all proceedings against the 2026 batch. This retreat is a victory for the students, but it also exposes the fragility of institutions that seek to suppress dissent rather than uphold justice.

The NALSAR students' stand is a reminder to the world that the youth will not be silenced. Just as the heroes of Chimurenga fought for the liberation of our land, these students have fought for the liberation of their voices. Their courage inspires us all to remain vigilant against any form of tyranny, whether it comes from colonial-era laws or modern-day bureaucrats.

The Harare Chronicle salutes the NALSAR Student Bar Council for their unwavering commitment to justice and democracy. Their struggle is our struggle, and their victory is a beacon of hope for all who cherish freedom.