The Bar Council of India (BCI) has issued a directive prohibiting private law institutions from using terms such as "India," "Indian," "National," "Bharat", "Bhartiya" and "Rashtriya" while organising any moot court competitions, law-related conferences, or any other law-related events.

In this Circular, BCI stated that referring to such events as national or all-India events without the necessary approval is misleading and contravenes the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.

While citing the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950, prohibits the use of certain names and terms, including those that suggest government or national patronage, without explicit permission from the Central Government.

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.

BCI pointed out that there has been a noticeable increase in the use of the terms by various institutions when organizing legal or law-related conferences, events, mock courts, and moot courts despite the institutions hosting them lacking the statutory authority government approval to use these terms.

''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 BCI elucidated that when the BCI organizes events, the use of terms like “National” is legally justified and indicative of its national regulatory role in legal education.

Furthermore, it also clarified that National Law Universities (NLUs), which have the term “National” in their official name or Departments of Law within Central Universities or State Universities, being government institutions, may use the term in the titles, but they have to formally intimate the usage to the Central Government regarding their intent before such an event.

In the light of the same, the directive issued is for immediate and mandatory compliance with the Emblems and Names (Prevention of Improper Use) Act, 1950, and failure to adhere to the circular will result in stringent actions, including revocation of recognition or approval by the BCI, legal action under the Emblems and Names (Prevention of Improper Use) Act, 1950, disqualification from hosting upcoming events and termination of privileges conferred by the BCI.

Tap here for the Directive