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ADDRESSING THE JUDGES (Write Up)

This document discusses addressing judges in India. It provides background on the judiciary system in India and notes that the Bar Council of India (BCI) rules prescribe addressing Supreme Court and High Court judges as "Your Honour" or "Honorable Court" and addressing subordinate court judges as "Sir." [1] The BCI amended the rules in 2006 to condemn using "My Lord" and "Your Lordship" and instead promote more respectful forms of address. [2] The Supreme Court has also ruled that judges can be addressed respectfully in various ways, including "Your Honour," "sir," or "lordship." [3] Internationally, practices vary, such as using "My Lord

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165 views

ADDRESSING THE JUDGES (Write Up)

This document discusses addressing judges in India. It provides background on the judiciary system in India and notes that the Bar Council of India (BCI) rules prescribe addressing Supreme Court and High Court judges as "Your Honour" or "Honorable Court" and addressing subordinate court judges as "Sir." [1] The BCI amended the rules in 2006 to condemn using "My Lord" and "Your Lordship" and instead promote more respectful forms of address. [2] The Supreme Court has also ruled that judges can be addressed respectfully in various ways, including "Your Honour," "sir," or "lordship." [3] Internationally, practices vary, such as using "My Lord

Uploaded by

Meganath
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© © All Rights Reserved
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Submitted to:

Prof. Aisha Ahmed Sharfi

Submitted by:
MEGANATH V
16040141052
BA.LLB ‘A’

ADDRESSING THE JUDGES IN INDIA

Judiciary System of India


Judicial System or the court system is also the Judiciary System. The court has the power to
make decisions and also enforce the law, solve disputes. Judiciary system consists of Judges and
other magistrates, they form the bench or the core of the judiciary system.

INTRODUCTION:

In this it is about the debate in Addressal of Judges in India, where in


2020, recently, Supreme court of India, a Supreme Court bench headed by CJI SA Bobde
objected a law student from addressing the judges as your honor. A Lawyer addressing the
bench presided by CJI, which was hearing the cases through video conference as ‘Your
Honour’. “Are you appearing before the US Supreme Court?” Where CJI wasn’t very happy
about how it was addressed, so he had to make it clear about stating that rather using the term
‘Your Honour’ he wanted to be addressed as ‘My Lord’ and brought changes in the court system
of India and was considered as very new rule in the Bar council of India in aspect of
Professional ethics. In the light of this debate, this article would analyze the norms of addressing
judges and other court etiquettes in India and other foreign jurisdictions.

1. BAR COUNCIL OF INDIA(BCI) RULES:


The Bar Council of India is a statutory body established under Sec-4 of
Advocates Act,1961 that regulates the legal practice and legal edition in India. The members are
elected from amongst the lawyers in India and they represent the Indian Bar. It also prescribes
standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar.
The rules on professional conduct to be maintained by the advocate are set out in Chapter II, Part
VI of the Rules of the Bar Council of India. These laws were laid down there according to
S.49(1)(c) of the Advocates Act, 1961. The Bar Council of India, by using its rule of power
pursuant to S.49 I (j) of the Advocate's Act, adopted Resolution No. 58/2006 and revised the
regulations of the Bar Council with respect to the referral of judges to the Supreme Court, the
High Court and the Sub-ordinate. According to the above notice, "Your Honour" or
"Honourable Court" may be adopted as a method to address in the Supreme Court and the High
Court, and it is available to the lawyers to address the Court as a "Sir" or similar term in the
respective regional languages for subordinate courts. The explanation to this rule further states
that the use of the terms ‘My Lord’ and “Your Lordship’ are relics of the colonial era. 

1. AMENDMENT OF 2006:

The Sec-49(i)(j) of the Advocates Act,1961, Adopted a proposal and revised regulations of the
Bar council with respect to referring to Judges of the Supreme court, High court and Subordinate
court. It is clear from this amendment that the BCI has condemned the use of ‘My Lord’ and
“Your Lordship’ and prescribed the use of ‘Honorable court/ Your Honor’ or ‘Sir’ to address the
judges. The style of addressing is to be followed, whether in the Supreme Court, the High Court
or the Subordinate Court, should be as follows: -"Your Honour" or "Honourable Court" in the
Supreme Court and the High Court, and in the Subordinate Courts and Tribunals, it is available
to the Lawyers to refer to the Court politely as "Sir".

On 26 January 1950, the Indian Constitution was written and it is worlds largest constitution


written. The constitution is the source of law in India and also the supreme law of India. Judicial
System of India consists of Supreme Court, High Court, District Court or Subordinate Court.

Advocates, in addition to being professionals, are also officers of the courts and play a vital
role in the administration of justice.

 Not communicate in private


An advocate should not communicate in private to a judge with regard to any matter pending
before the judge or any other judge. An advocate should not influence the decision of a court
in any matter using illegal or improper means such as coercion, bribe etc.

1. SUPREME COURT’S AND HIGH COURT


RULING ON THE MATTER:
In 2014, the Supreme Court bench comprising the then CJI Justices HL Dattu and SA
Bobde heard and dismissed a PIL filed by an advocate, Shiv Sagar Tiwari who sought a ban
on using the words 'my lord' and 'your lordship'. "When did we say it is compulsory. You can
only call us in a dignified manner," a bench comprising justices H L Dattu and SA Bobde
observed during the hearing of a petition which said addressing judges as "my lord or your
lordship" in courts is a relic of colonial era and a sign of slavery. "To address the court what
do we want. Only a respectable way of addressing. You call (judges) sir, it is accepted. You
call it your honour, it is accepted. You call lordship it is accepted. These are some of the
appropriate way of expression which are accepted," it said while refusing to entertain the PIL
filed by 75-year-old advocate Shiv Sagar Tiwari.

Recently, Justice S Muralidhar, who was sworn as judge of the Punjab and Haryana high
court in March, requested the lawyers to avoid using terms such as ‘My Lord’ or ‘Your
Lordship’ while addressing him. Thus, lawyers and clients can address the judges as ‘Your
Honour’ alternatively. In a significant move the Rajasthan High Court issued a notice
requesting counsels and those appearing before the judges to desist from addressing the
Hon'ble Judges as "My Lord" and "Your Lordship". Such move was taken "to honour the
mandate of equality enshrined in the Constitution of India".1 Similarly, the Calcutta High
Court had also issued a letter requesting the district judiciary in West Bengal as well as well
as registry staff of such courts to desist from addressing the Judges as "My Lord" and “Your
Lordship”.

About the Judges


A judge does not belong to any person or section or division or group. He is the judge of
all people. In the courts of law there cannot be double standard-one for the highly and another
for the rest. A Judge should not have any concern with personalities who are parties to the
case but only with merits. He must treat the parties to the dispute equally, giving them an
equal opportunity during the trial.

Standards of Professional Conduct and Etiquette


[Rules under Section 49(1)(c) of the Act read with the Proviso thereto]

An Advocate shall, at all times, comport himself in a manner befitting his status as an
officer of the Court, a previleged member of the community, and a gentleman, tearing in
mind that what may be lawful and moral for a person who is not a member of the Bar, or for a
member of the Bar in his non-professional capacity may still be improper for an Advocate.

1
Duty to the Court
An Advocate shall, during the presentation of his case and while otherwise acting before a
Court, conduct himself with dignity and self respect. He shall not be servile and whenever
there is proper ground for serious complaint against a judicial officer, it shall be his right and
duty to submit his grievance to proper authorities.

ADDRESSAL OF FEMAL JUDGES:


In India under the BCI rules, there is no express provision which prescribes a different term
for addressing female judges. The BCI Rule Part VI, Chapter IIIA prescribe the use of "Your
Honour" or "Hon'ble Court" in Supreme Court & High Courts and "Sir" or equivalent words
in the Subordinate Courts and Tribunals. This rule does not differentiate between addressing
male and female judges.

INTERNATIONAL PRACTICES:
UNITED KINGDOM- In UK, the addressal of the judges vary according to hierarchy. For instance,
judges of the Supreme Court, High Court and the Court of Appeals are addressed as ‘My Lord/My
Lady’. Circuit judges are addressed as ‘Your Honour’ whereas District Judges, Magistrates and Other
such judges are referred to as Sir/Madam or ‘Your Worship’.

USA- The judges of the Supreme Court of United States are referred as “Your Honour” or “Justice”
and the rest of the court may be referred as “judge” (followed by name).

CANADA – In Canada, the counsels may either use Justice or Madam Justice while addressing the
panel hearing the appeal. Counsel is asked to refrain from addressing the judges as ‘My Lord’, ‘My
Lady’, ‘Your Lordship’, or ‘Your Ladyship’. In writing, The chief Justice is referred to as ‘The Right
Honourable’ but other Judges are referred to as “The Honourable Madam Justice” or “The
Honourable Mr Justice”.

CONCLUSION:
From the above discussion, it is observed that many countries use titles for addressing the
judges, which is according to their customs and traditions. As far as India is concerned, the
use of the title your lordship/ladyship to address the Indian judges reflects the British culture.
It fails to give our court system an identity of its own and a sense of belongingness to the
citizens. Therefore, it was a right step taken by the BCI, in making the use of such title as
non-mandatory and accepting the use of other titles such as ‘your honour’ or any other
regional word equivalent to it. This ensures that the judges are sufficiently addressed with
respect. In my opinion, addressing judges through terms like ‘Your Lord’, ‘Your Honour’ etc.
should not be made compulsory and judges should be addressed in a dignified manner. If an
advocate is comfortable to address by bending profusely towards the bench with his choicest
words this shouldn't be objectionable. However, this should not render any casualness in
addressing judges. The addressing should not be an issue as long as the judges are addressed
in a dignified manner.

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