Bare Act

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“Who is the BCI to come between the students and me? The Bar Council of India has no business to order such inquiries against students” CJI Kant (Mihira Sood v. BCI, 14-Aug-2026, diary No. 49499/2026) As the eve of India's Independence Day arrives, we prepare to celebrate our national freedom. Yet, as we stand on the threshold of August 15, we must pause and ask: are we truly free? True freedom is not merely about hoisting a flag, but the liberty of thought, speech, and expression without fear. A recent and unprecedented conflict unfolded at NALSAR University of Law in Hyderabad. Students there peacefully protested against the participation of Chief Justice of India, Suryakant, as the chief guest for their convocation. The final-year students expressed deep concern that the Supreme Court had refused the urgent listing of a petition regarding violent police action against students. To them, receiving degrees from a dignitary whose public conduct appeared to overlook state violence felt like a betrayal of the constitutional values taught at NALSAR. In response, BCI Chairman Manan Kumar Mishra issued a startling circular on August 13. This circular threatened to completely block the professional enrollment of the entire graduating batch of 2026 as advocates. The BCI also directed the university's Vice Chancellor to submit a report within three days to identify the lead student protesters. This was a direct assault on the students' fundamental right to livelihood and their freedom to practice a profession. Now look at this, the Preamble and Article 19(1)(a) of the Constitution guarantee every citizen the right to freedom of speech, expression, and peaceful protest. An important thing to note here is the historic tolerance of the judiciary itself. In October 2025, a shoe was thrown at the then Chief Justice B. R. Gavai in open court. Yet, Chief Justice Gavai magnanimously dismissed the shocking incident as a "forgotten chapter," choosing not to file any criminal complaint. Contrast this with BCI's aggressive overreach, which the Supreme Court itself had to halt on August 14. A Supreme Court bench, including Chief Justice Suryakant, Justice Jayamala Bagchi, and Justice V. Mohana, questioned BCI's jurisdiction. The Chief Justice himself observed that even if the students were wrong, they had the right to protest, declaring it a matter between him and the students. The court ordered that no action be taken against any student or teacher, forcing BCI to withdraw its controversial threat. The result of this is a powerful reminder that our democracy remains alive not because of silent compliance, but because of the courage of our youth. When students studying the Constitution stand up to protect its spirit, they prove they are not a "burden" but the true custodians of our future. As we celebrate our independence, let us remember that the true strength of our Constitution lies not merely in its written words, but in the courageous hearts of those who dare to defend it. -- Sagar Badade (सागर बडदे)