Lok Sabha Question No. 731 (UNSTARRED), answered on 2024-11-29
Subject: Directives of BCI to Law Universities
Ministry: LAW AND JUSTICE
Asked by: Shri Manickam Tagore B

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS ******

## LOK SABHA

## UNSTARRED QUESTION NO. 731

## TO BE ANSWERED ON FRIDAY, THE 29 th  NOVEMBER, 2024

## Directives of BCI to Law Universities

## 731.      Shri Manickam Tagore B :

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the legal grounds on which the Bar Council of India (BCI) issue the directives restricting private law universities from using terms like 'India', 'Indian', 'National', 'Bharat', 'Bhartiya', and 'Rashtriya';
- (b) the reasons for issuance of such directives by the BCI indicating the specific instances of misuse that led to this decision;
- (c) the manner in which such directives affect the autonomy and branding of private law universities in India;
- (d) the details of criteria and justification to exempt the National Law Universities (NLUs) from such directives;
- (e) the process for private law universities to obtain approval from the Union Government to use above said terms;
- (f) the manner in which the BCI ensure compliance with such directives along with penalties proposed to be imposed on non-compliant institutions; and
- (g) the manner in which such directives align with the Emblems and Names (Prevention of Improper Use) Act, 1950, and the measures being taken to prevent misuse of national emblems and names?

## ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE;  AND  MINISTER  OF  STATE  IN  THE  MINISTRY  OF  PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

(a): The  Bar  Council  of  India  derives  its  authority  to  issue  these  directives  from  two primary statutes, the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Advocates Act, 1961. Section 3 of the Emblems and Names Act prohibits the use of terms such as 'India,' 'National,' or 'Bharat' for professional or commercial purposes without  prior  approval  from  the  Central  Government.  Section  4  further  restricts  the registration  of  organizations  using  these  terms  unless  specifically  authorized.  The

Advocates  Act,  1961,  empowers  the  BCI  to  regulate  legal  education  and  establish uniform standards under Section 7 and to frame rules for governance under Section 49. These directives ensure adherence to constitutional principles by preventing misleading impressions of governmental or national endorsement, thereby fostering transparency and fairness.

(b):  The  BCI  issued  this  directive  vide  its  letter  numbers  BCI:5386/2024  dated 15.10.2024  in  view  of  several  instances  of  misuse  of  terms  such  as  'National'  and 'India,' which   created   misleading   impressions.   Misleading titles, such as 'National Moot Court Competition,' falsely suggested Government/official endorsement/recognition  or  national  stature.  Additionally,  terms  were  used  to  imply governmental  endorsement, attracting sponsorships under false pretenses.  Such practices  diluted  the  credibility  of  genuine  national  events  organized  by  recognized institutions.

Some specific instances of misuse in the year 2024 itself, before the issuance of the above referred circular  and  which  formed one  of  the  grounds for  the  issuance  of  the circular are as :-

1.  Viswanath Pasayat Memorial National Moot Court Competition 2024 by Birla Global University, Bhubaneswar [Oct 2-4;]

2.  3 rd  Lakshmi Chand National Moot Court Competition by LCIT College of Commerce and Science, Bilaspur [September 27-28;]

3.  5 th  National Moot Court Competition by Career Point University, Hamirpur [May 2425]

One specific instance involved J.C. College of Law, Guntur, Andhra Pradesh, which announced the '4th National Moot Court Competition' without obtaining the necessary authorization  after  issuance  of  the  above  referred  circular.  The  BCI  issued  a  Show Cause  Notice  (No.  BCI:  2316:2024)  on  November  11,  2024.  The  college  responded promptly, offering an unconditional apology and rectifying the error within 24 hours by removing  the  term  'National'  from  promotional  materials.  Based  on  their  corrective measures,  the  BCI emphasized  compliance  and  refrained from punitive actions, highlighting its approach of corrective enforcement over penalties.

(c): The directive does not impede the autonomy of private law universities. Institutions retain the freedom to organize events and promote their initiatives, provided they avoid using  restricted  terms  without  appropriate  approvals.  By  promoting  fair  practices,  the directive ensures  that no institution  gains  undue  advantages  through  deceptive branding. This encourages transparency, ensuring that events are accurately represented, and enhances credibility when institutions adhere to these guidelines. The directive ultimately creates a level playing field, supporting fairness and trust in the legal education system.

(d):   National  Law Universities (NLUs) has been established under State Legislations, with terms like "National" integral to their identity. Their events often involve significant participation and given their reputation carry importance. These institutions qualify for exemptions  as  their  statutory  basis  provides  justification  for  using  restricted  terms. However, as per the above referred circular of BCI, even NLUs must notify the Central Government  for    approval    when    organizing  events  having  restricted  terms.   This ensures  that  the  use  of  terms  'National'  remains  transparent  and  complies  with  the guidelines, while acknowledging the stature and mandate of NLUs. Similarly, Departments  of  Law  within  Central  Universities  or  State  Universities,  which  are Government  funded  institutions,  may  also  use  these  terms,  when  the  event  displays such  character,  provided  they  comply  with  the  process  of  formal  intimation  to  the Central Government. This condition ensures that entities whether statutory or government are facilitated in organizing genuine national-level events. The Ministry of Law and Justice, Department of Legal Affairs reserves the right to review and request further details or deny usage as it may deem fit and necessary.

(e): Private law universities seeking to use terms such as 'India,' 'National,' or 'Bharat' must  submit  an  application  to  the  Department  of  Legal  Affairs,  Ministry  of  Law  and Justice. The application should include the proposed event title, purpose, justification for using  the  restricted  term,  and  details  of  participation  and  scope.  The  Ministry  will evaluate  whether  the  event  aligns  with  national  importance  and  communicate  its decision, providing reasons for approval or rejection.

(f):  The  BCI  ensures  compliance  through  regular  monitoring  of  event  materials, websites,  and  online  platforms.  It  acts  on  grievances  reported  by  stakeholders.  For instance, J.C. College of Law's misuse of the term "National" prompted the issuance of a Show  Cause  Notice. The college's immediate corrective action emphasized compliance over penalties.

Proposed  penalties  for  violations  include  issuing  Show  Cause  Notices  requiring explanations, revocation of recognition/ approval for persistent violations, legal prosecution under the Emblems and Names Act, and restrictions on organizing future events. This approach prioritizes corrective measures while maintaining accountability.

(g): The directive aligns with the Emblems and Names Act by preventing unauthorized use of  restricted  terms,  thereby  promoting  fairness,  transparency,  and  integrity  in  the given area of the legal education. It ensures that events are accurately represented and not misleadingly associated with national or government endorsement. The example of J.C. College of Law illustrates the BCI's balanced approach to enforcement, focusing on compliance and corrective measures over punitive actions. This promotes a trustworthy and equitable legal education ecosystem in India.

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