THE JHARKHAND STORY DESK
New Delhi, Oct 16: The Bar Council of India (BCI) has issued a directive prohibiting private law universities from using prefixes such as “Bharatiya”, “National”, “Indian”, etc. for conducting moot courts or other competitions, reports Live Law.
The directive however clarified that these restrictions shall not be binding on National Law Universities (NLUs) or central or state universities which are affiliated to the respective governments.
The directive cites provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950, which 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.
Misuse and misleading practices
The directive states that such a measure is being taken to prevent the misuse of such titles, which had led to misleading practices in the recent past, despite institutions hosting these “all India” competitions, not having the requisite authority to do so.
“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, as reported by Live Law.
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Bar Council of India’s statutory authority, restrictions and exceptions for institutions
It was further clarified that when the BCI hosts such competitions, they are authorised since it is a statutory body incorporated for the regulation of legal education in India.
The directive states that institutions cannot use the aforesaid titles, without express permission from the central government.
However, it was clarified that institutions such as National law universities, or central or state universities may use the term “National” for their competitions, provided they inform the central government beforehand to ensure that the use of the term remains “transparent.”
Directions for immediate compliance & consequences of non-compliance
The circular further states that compliance with the aforesaid directives and the Emblems Act is mandatory and that the BCI will strictly enforce the guidelines in this regard, Live Law reported.
It is also stated that this would be done to ensure that sponsorship is not gained on false pretences as only the exempted universities would be allowed to refer to their competitions as “National-level competitions” after intimating the central government.
On non-compliance, the circular states that strict action would be initiated, including revocation of the recognition of such universities, legal action under the Emblems Act, and disqualifications from conducting further moot court competitions. (Courtesy: Live Law)
