The Bar Council of India (BCI) issued a directive prohibiting the use of the words “India”, “Indian”, “National”, “Bharat”, “Bhartiya” and “Rashtriya” by private law universities while organizing moot court competitions, conferences and other such legal or law related events. In a circular issued on Tuesday, October 15, the BCI stated that the practice of referring to such events as national or all-India events without the necessary approval is misleading and violative of the Emblems and Names (Prevention of Improper Use) Act, 1950.
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NEW DELHI: The Bar Council of India (BCI) issued a new directive prohibiting private law universities from using specific terms such as “India”, “Indian”, “National”, “Bharat”, “Bhartiya”, and “Rashtriya” while organizing legal events like moot court competitions and conferences.
This order aims to prevent the misleading representation of such events as having national importance or government endorsement without proper authorization.
In a circular dated Tuesday, October 15, the BCI highlighted that referring to these events as “national” or “all-India” without requisite approval is in violation of the Emblems and Names (Prevention of Improper Use) Act, 1950.
The circular emphasized,
“The use of ‘National’, ‘India’, ‘Indian’, ‘Bharat’, ‘Bharatiya’, or ‘Rashtriya’ in the title of an event gives it an appearance of representing the entire nation.”
The BCI further clarified that only statutory bodies, like itself, and institutions such as National Law Universities (NLUs) or government-affiliated Departments of Law, can legally host events that are national in scope.
In recent years, an increasing number of private institutions have begun using terms like “National” and “All India” for events such as moot courts and legal conferences. The BCI expressed concern that many institutions lack the statutory authority to use these names, misleading participants and the public.
According to the BCI,
“These events are often labeled as ‘National Moot Courts’ or ‘All India Moot Court Competitions’ despite the institutions lacking statutory authority or government approval to use these terms.”
The BCI also noted that this unauthorized use of national terms misleads participants by falsely indicating that the events hold government recognition or are of national importance. Furthermore, the circular pointed out that such practices are sometimes exploited to secure sponsorships by giving the impression of official status.
“Moreover, the unauthorized use of these names has been observed to be misused for securing sponsorships, further exploiting the misunderstanding that such events hold official national status,”
-the BCI stated.
The directive clarified that National Law Universities (NLUs) and government institutions are still permitted to use these terms, but they must notify the Central government prior to doing so. This requirement ensures transparency and adherence to legal regulations.
“Only events by BCI, NLUs, Departments of Law within Central or State Universities and other authorised national bodies can be referred to as ‘National-Level Competitions’,”
-the BCI asserted.
To enforce this directive, the BCI warned that any institution found violating the restrictions could face severe consequences. Penalties may include revocation of recognition or approval by the BCI, legal action under the Emblems and Names (Prevention of Improper Use) Act, 1950, disqualification from organizing future events, and the loss of privileges previously granted by the BCI.
This move by the BCI is intended to uphold the integrity of legal events and to prevent misleading claims regarding their national status. It aims to ensure that only authorized institutions can use terms that convey national representation or importance, maintaining clarity and trust in the legal academic community.
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