The Bar Council of India (BCI) has issued a directive barring private law universities from using terms such as “India”, “Indian”, “National”, “Bharat”, “Bhartiya”, and “Rashtriya” when organizing moot court competitions, conferences, and similar legal events.
In a circular released on Tuesday, October 15, the BCI clarified that labeling events with these terms without proper authorization misleads participants and contravenes the Emblems and Names (Prevention of Improper Use) Act, 1950.
Section 3 of the Act prohibits any person or organization from using names such as “India,” “Indian,” “National,” “Bharat,” “Bharatiya,” or”Rashtriya,” or any name suggesting government patronage, for professional or commercial purposes without prior approval.
Section 4 prohibits the registration of entities with names that contravene these provisions.
The BCI stated, “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.” It further emphasized that only statutory bodies like the BCI or National Law Universities (NLUs) with national mandates can organize events of this nature.
The circular highlighted the growing trend of institutions hosting legal events under banners such as “National Moot Courts” without requisite approval. This practice, according to the BCI, creates a false impression of national significance and misleads both participants and sponsors.
“This is misleading and creates confusion among participants and the public, suggesting that such events are of national significance and under government patronage. This false impression can distort participants’ understanding of the event’s stature and authority, leading them to believe that they are attending a government-sanctioned event. 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 circular states.
Institutions that fail to comply with the directive could face sanctions, including revocation of recognition, disqualification from future events, and potential legal action under the Emblems Act.
[Circular Attached]
