
Lawyer is a person who gives advice and guides people in legal matters and also speaks for the person in the courtroom. So it has become important for him to be in a disciplined manner as seen in the profession of lawyer and it is mandatory for him to respect justice and show respect towards judges as they are known as the deity of justice.
Therefore while calling judges at the time of pleading there is a need to show them respect by using words such as “My lord”, “My Honour”, “ My lady”, “Your lordship” etc. But it creates a dilemma where one has to address judges by any of these names. So, while a lawyer is before the district judge, he may address him as “My honour” whereas when lawyer is before any of the appellate court, either High Courts or the Supreme Court, he addresses the judges by “ My lord” and “Your lordship” and “My lady” is used for the female judges.
Later on the 6th January 2014, a judgement was given by justice S.A.Bobde & H.L.Dattu that it’s not compulsory to address court by the terms “My lord”, “ Your lordship” etc., because these terms put a relation of master and slave between the judge and the lawyer respectively which the court never wants to. Further they added in their statement that judges should be respected and dignified by the lawyer and where it is mandatory to address by terms such as “my lord”, it will be informed to the lawyer.[1]
Penalty:-
If a lawyer disrespects the court, he/she will be liable under Section 12 of the Contempt Of Court Act, 1971, which provides punishment, which extends to imprisonment for six months or fine upto two thousand or both.
Lawyer’s attire
Being professional individuals, attire matters a lot as dress code is recognised as a ' symbol of discipline',' symbol of confidence' and ' symbol of equality'. A lawyer's attire defines his discipline and respect towards justice. India is influenced by the British rule and therefore the same court rules are followed by Indian courts with some modifications.
The Advocates Act 1961 makes it compulsory for a lawyer to be in a dress code whenever he enters the court. Section 49(1)(GG) of the Act provides that the same dress should be worn by all the senior or other advocates except lady advocates. Dress code must consist of ' black gown' or 'coat', white shirt, black/ grey or white trousers, and a white neckband. For the lady advocate, there must be white/ black or any mellow coloured saree or skirt which stretches up to the ankle and white, black or any mellow colour blouse or shirt with advocate gown attached with white neckband. [2]
Reason for having black colour Black colour is a symbol of both negative and positive. Further it is because of two reasons:- ● As the availability of fabric dye was not more at that time and only purple and black were the options available and since purple showed royalty, black was the only option left.
● Black colour shows strength and authority and also submission towards justice.
White colour represents light, goodness, innocence and purity which the justice seeks to serve.
In the case of Prayag Das Vs Civil Judge Bulandshahr, the petitioner came before the court in the dhoti Kurta. The court did not accept the petition as the lawyer was not in a proper dress code. The petitioner further went to the high court where it was laid down that a lawyer has to appear before the court following the prescribed dress code.
The issues of personal liberty and dress code have been taken by the court in the case of Freidman Vs District Court where the apex court held that there should not be unreasonable restrictions imposed by the judges over the lawyers. No such restrictions are to be imposed that can and have affected the lawyers' choices and preferences which have no relation to administration of justice. Judges can only regulate dress code.[3]
It is compulsory to wear an advocate's robe(gown) while going before the Supreme Court or the High Courts but wearing a gown is not compulsory when one needs to go before the district court.
Due to the reason of worldwide pandemic, the virtual courts are going on to provide justice through Video conferencing, but it is made mandatory for lawyers to be in proper dress code during the hearings in the court. But a relaxation has been given to the lawyers of not wearing coat or gown since they catch virus easily(because they are black in colour).
Lady of justice is a common woman in every courtroom who is blindfolded, holding a sword, a beam balance of justice and a book all these .[4 ] ● Blindfold represents that justice should be served impartially without a fear and favour of the rich or poor. ● Beam balance of justice represents that justice should not be one sided only it should fairly hear both the parties and on the weightage or basis of evidence, justice should be given. ● Sword represents that justice should be steady and fair. Unsheathed sword shows that justice is visible to all. Footnotes [1] https://www.google.com/amp/s/www.ndtv.com/india-news/calling-judges-lord-lordship-your-ho nour-not-mandatory-supreme-court-546975%3famp=1&akamai-rum=off
[2]http://www.legalserviceindia.com/legal/article-665-historical-background-in-wearing-black-r o bes-by-advocates.html
[3]https://indianlawwatch.com/practice/knowing-dress-code-of-lawyers /
[4]https://civicsonlineresourcecommunity.org/meaning-of-lady-justic e
References:
(a)https://wiki.clicklaw.bc.ca
(b)https://indianlawwatch.com
(c)https://indiankanoon.org
(d)Prayag Das Vs Civil Judge Bulandshahr [AIR 1974 All 133]
(e)Freidman Vs District Court [611. P2d. 77 (Alaska 1980)]