BACKGROUND-
The Bar Council of India (BCI) has issued a directive prohibiting private law universities from using terms like “India”, “Indian”, “National”, “Bharat”, “Bharatiya”, and “Rashtriya” for law-related events such as moot courts and conferences.
The October 15 circular clarifies that only statutory bodies like the BCI and National Law Universities (NLUs) are authorized to use these terms, as they imply representing the entire nation. The BCI’s ban on private law universities using terms like National or Bharat for moot court events curbs misleading practices and ensures transparency.
INTRODUCTION-
The BCI’s directive aims to curb the misuse of these terms, which may give the false impression that such events are endorsed by the government or possess national significance without appropriate authorization. The circular cites the Emblems and Names (Prevention of Improper Use) Act of 1950, emphasizing that labeling events with terms like “national” or “all-India” without necessary approval can be misleading.
“This order prevents a misleading representation of these events as having national stature when they lack the requisite legal or government approval,” the BCI stated
The BCI observed that in recent years, many institutions have increasingly used terms like “National,” “India,” “Indian,” “Bharat,” “Bharatiya,” and “Rashtriya” for legal events such as conferences, mock courts, and moot courts. These events are often referred to as “National Moot Courts” or “All India Moot Court Competitions,” even though the institutions do not have the statutory authority or government approval to use such terms, according to its circular. The BCI further noted that this practice misleads participants and the public by giving a false impression that these events hold national significance or are endorsed by the government.
“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,” it further said.
KEY ASPECTS-
The BCI stated that National Law Universities (NLUs) and government institutions can use terms like “National” in their event titles if the events genuinely warrant such designation. However, they must formally notify the Central government in advance to ensure transparency and compliance, as noted in the circular.
Only events organized by the BCI, NLUs, Departments of Law within Central or State Universities, and other authorized national bodies may be referred to as “National-Level Competitions.”
The BCI has warned that unauthorized use of the terms mentioned in the circular could lead to revocation of recognition or approval by the BCI, legal action under the Emblems and Names (Prevention of Improper Use) Act, 1950, disqualification from hosting future events, and loss of privileges granted by the BCI.
The BCI further noted that the inappropriate use of these terms is not only misleading to participants and the public but also has been exploited by some institutions to gain sponsorships under the guise of having an official status. Such practices, according to the BCI, compromise the integrity and trust in the legal academic environment.
Only institutions such as National Law Universities (NLUs), government-affiliated law departments, or statutory bodies authorized by the BCI are permitted to host events deemed national in scope. These bodies are required to notify the Central government prior to using such terms to maintain transparency and legal compliance.
CONCLUSION-
The BCI warned that severe penalties would be imposed on any institution found violating these guidelines, including possible revocation of recognition or accreditation, legal action under the 1950 Act, disqualification from organizing future events, and a loss of previously granted privileges.
This new measure by the BCI seeks to ensure that the naming of legal events accurately reflects their scope and authorization, thereby maintaining the legitimacy and credibility of academic events within India’s legal education sector.
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Written by- ALOK G. CHHAPARWAL
