GS Paper II

News Excerpt:

The Karnataka High Court issued a circular on April 16 exempting advocates practising at District and Trial courts from wearing a black coat while attending court proceedings during the summer months of May and the rest of April.

What laws govern advocates’ dress code?

• Under the Advocates Act 1961, the Bar Council of India is empowered to prescribe rules on “the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal”.
• The Bar Council of India Rules, 1975 (BCI Rules), contain dress code rules to ensure that advocates appear “sober and dignified”.
• Men are required to wear a black gown—known as an advocates’ gown—over their black coats, except the interns when arguing before the Supreme Court, High Courts, Subordinate Courts, and Tribunals. They also need to wear trousers (white, black striped or grey) or a dhoti, and either “a black buttoned up coat, chapkan, achkan, black sherwani and white bands” or “a black open breast coat, white shirt, white collar, stiff or soft, and white bands”.
• Women are required to wear either a “black full sleeve jacket or blouse, white collar stiff or soft, with white bands and Advocates’ Gowns. White blouse, with or without collar, with white bands and with a black open breast coat.” or “Sarees or long skirts (white or black or any mellow or subdued colour without any print or design) or flare (white, black or black striped or grey) or Punjabi dress Churidar Kurta or Salwar-Kurta with or without dupatta (white or black) or traditional dress with black coat and bands.”
• Gowns are optional outside of the Supreme Court and High Courts, and the black coat is not mandatory during the summer months except at the Supreme Court and High Courts.

Previous instances of relaxation:

• Though the dress code remains strictly enforced in the higher judiciary (Supreme Court and High Courts), these rules have been relaxed on some occasions recently, and attempts have been made to change the dress code.
• The first circular, which exempted wearing a gown, came out in 2020. The Delhi HC said this was done to “contain the spread of COVID-19.” In the following circulars, however, the court made the exemption due to the summer months.
• In 2020, the Supreme Court also allowed advocates to appear over videoconferencing without a gown and, a couple of days later, exempted advocates from “wearing heavy upper body clothing like coat, chapkan, achkan, sherwani, gown and jacket.”
• The apex court also briefly heard a plea filed by Advocate Shailendra Mani Tripathi in 2021. The plea sought an amendment to the BCI Rules to exempt advocates from wearing black coats and gowns during the summer months at the Supreme Court and High Courts. However, the plea was dismissed, and Tripathi was asked to make a representation to the Bar Council of India instead.
• In 2023, the Bar Council of Andhra Pradesh issued a circular stating that “wearing of Black Coat is not mandatory in Subordinate Courts, during summer” and clarifying that this would apply from March 15 to July 15 every year.
• In 2023, the Kerala, Punjab & Haryana, Jammu & Kashmir, and Calcutta High Courts, among others, allowed advocates to appear without a gown during the summer months.
• The Delhi High Court has routinely relaxed the requirement for advocates to wear a gown while practising before it.

Conclusion:

Notices and circulars announcing a relaxation in the dress code for advocates practising in the subordinate judiciary have become regular. Their release tends to coincide with the onset of summer across the country. This is a reprieve for advocates in the sweltering heat who often transit rapidly between different courts and courtrooms.