On 15-10-2024, the Bar Council of India (‘BCI’) published a notification regarding prohibition on the use of words — ‘India’, ‘Indian’, ‘National’, ‘Bharat’, ‘Bharatiya’, or ‘Rashtriya’ while organizing legal or law related conferences, events, mock courts or moot courts by all centers of legal education, universities, private institutions, organizations, trusts, societies, associations, and other entities.
Key Points:
- The notification mentioned that Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 prohibits any person or organization from using names that suggests government patronage for commercial or professional purposes without prior approval.
- It was noticed that many legal or law related events have been titled as ‘National Moot Courts’ or ‘All India Moot Court Competitions’ even though the institutions organizing the same lacked the statutory authority or government approval to use these terms.
- The notification indicated that the unauthorized use of these names/terms are misused to secure sponsorships by exploiting the misunderstanding caused in the public regarding the event’s stature and authority.
- It was specified that centers of legal education, universities, organizations, and other entities do not have the authority to use the said terms unless they receive specific approval from the Central government and are thus, prohibited from organizing events, mock courts, or moot courts under titles that include the above-mentioned terms.
- It was stated that due to its statutory status and national scope, BCI has the right to organize events while using the above-mentioned terms.
- The notification mentioned that National Law Universities (‘NLUs’) may use the said terms after formally intimating the Central government regarding their intent to use these titles. Law departments within Central/State universities may also use the said terms after complying with the formal process of intimation.
- If an entity is found to be using these terms without obtaining the necessary permission, they would have to face the following consequences:
- Revocation of recognition/approval by BCI.
- Legal action under the Emblems and Names (Prevention of Improper Use) Act, 1950.
- Disqualification from organizing future mock courts, moot courts, or similar events, and loss of privileges granted by BCI.
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Lastly, BCI directed all centers of legal education, universities, private institutions, organizations, trusts, societies, associations, and other entities to immediately cease usage of the above-mentioned terms in the events organized by them unless they have prior permission from the Central government.