COURT ETIQUETTE

Feb. 25, 2021

The debate around court etiquette in India was triggered again on February 23 after a Supreme Court Bench headed by Chief Justice of India (CJI) S A Bobde objected to a petitioner addressing judges as “Your Honour”.

About:

  • “When you call us Your Honour, you either have the Supreme Court of United States or the Magistrate in mind. We are neither,” the CJI told the petitioner, a law student.

  • For years, there have been efforts to purge from courtroom protocol salutations such as “My Lord” and “Your Lordship” — a practice inherited from British rule.

  • The Advocates Act of 1961, under section 49(1)(c), empowers the Bar Council of India to make rules on professional and etiquette standards to be observed by advocates.

  • To address this issue, a Resolution by the Bar Council of India in 2006 added Chapter IIIA to Part VI of the BCI Rules.

  • Interestingly, while the 2006 notification discouraged the use of “My Lord” and “Your Lordship”, it prescribed “Your Honour” or “Hon’ble Court” as an acceptable way for addressing the Supreme Court & High Courts, and “Sir” in Subordinate Courts and Tribunals.