Jayakrishna Sahu
On 23 January, this year the dormant but never-ending national discourse over the manner of address to judges of the higher judiciary was sparked off once again when a law student appearing before the Supreme Court (SC) Bench comprising Chief Justice of India (CJI) SA Bobde and Justice AS Bopanna as a party-in-person addressed the Bench as ‘Your Honour’. There was a sharp reaction from the CJI who retorted, “When you call us Your Honour, you either have the Supreme Court of the United States or the Magistrate in your mind. We are neither.” When the petitioner quickly apologised and started addressing the Court as ‘My Lord’, the CJI lightened the issue and said, “Whatever, we are not particularly what you call us, but don’t use incorrect terms.”
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However, this happened not for the first time. In another similar exchange in the CJI’s Court in August, 2020, when a lawyer used the term ‘Your Honour’, CJI Bobde had reprimanded him, “Are you appearing before the United States Supreme Court? The use of ‘Your Honour’ is in the US and not in the Indian Supreme Court.” When the concerned lawyer explained that there was nothing in the Law that prescribed such an address by the lawyers, the CJI said, “May not be in Law, but it is about practice of the Court.”
Surprisingly, what CJI Bobde terms as ‘incorrect terms’, was held correct by him in 2014 when he was a puisne justice in the SC. On 6 January, 2014 an SC Bench comprising the then CJI HL Dattu and Justice SA Bobde heard a PIL filed by a lawyer named Shiv Sagar Tiwari who prayed for banning the use of the terms ‘My Lord’ and ‘Your Lordship’. Tiwari’s contention was that these terms were the symbols of slavery of the colonial era and should be strictly prohibited in Indian Courts as it was against the dignity of the country.
The PIL was dismissed by the Bench without citing any specific reason, but the Bench held that calling the SC judges ‘My Lord’ was not mandatory for lawyers and held, “When did we say it is compulsory? You can only call us in any dignified manner. To address the Court what do we want? Only a respectable way of addressing. You call (the judges) ‘Sir’, it is accepted. You call ‘Lordship’, it is accepted. There are some of the appropriate ways of expression which are accepted.”
On 6 May, 2006 the Bar Council of India (BCI) published its resolution in the Gazette of India mentioning: “Consistent with the obligation of the Bar to show a respectful attitude towards the Court and bearing in mind the dignity of Judicial Office, in form of address to be adopted whether in the Supreme Court or High Courts or Subordinate Courts should be as follows: “Your Honor” and “Hon’ble Court” in Supreme Court and High Courts and in the Subordinate Courts and Tribunals it is open to the lawyers to address the Court as “Sir” or the equivalent words in respective regional languages.” An explanation was also provided as – “My Lord” and “Your Lordship” are relics of colonial past, it is proposed to incorporate the above rule showing respectful attitude to the Court.
This resolution by the BCI was taken after considering the observations made by the SC while hearing a PIL filed by the Progressive and Vigilant Lawyers’ Forum for abolishing the terms “My Lord” and “Your Lordship”. The SC dismissed the PIL on the ground that the matter relating to the manner in which the Bar would address the Bench was a matter to be decided by the BCI. The BCI has incorporated this resolution into the Bar Council of India Rules, as Chapter- III-A, Part VI.
Following the above BCI resolution and BCI Rules, many SC and HC justices have from time to time conveyed the Bar not to address them as “My Lord”. In 2009 Justice K Chandru of Madras HC, in 2020 the Rajasthan HC, earlier this year (2021) Justice S Muralidhar of the SC, the Chief Justice of Calcutta HC Justice TB Nair Radhakrishnan and very recently, on March 3, 2021 Justice Arun Kumar Tyagi of Punjab & Haryana HC notified to the members of the Bar not to address them as “My Lord” or “Your Lordship”, and instead use the terms “Your Honour” or just “Sir”.
The origin of the address “My Lord” certainly goes back to the disgraceful colonial era. Since the judges of the Supreme Court of England were holding Lordship, which was a typical feudal title of the British system, they were addressed by the British lawyers as “My Lord” or “My Lady”. The mannerism and address of the Britishers were accepted by the subject-people of India during pre-independence era. However, after independence also this disgraceful and ludicrous colonial legacy continued for quite long, as perhaps old habits die hard.
The sanctity or dignity of the Courts is directly proportional to the respect the judges command from the Bar and the common people. So the lawyers must display their highest respect to the judges. However, there is no rhyme or reason behind demanding to be addressed as “My Lord”. Firstly, this British custom has its root in its conservative feudal tradition which has till today preserved the Monarchy even though it prides itself to be the mother of modern democracy. The Upper House of the British Parliament is known as House of Lords.
Secondly, people out of respect and reverence provide judges the status of divinity. But judges are certainly not omnipotent or omniscient gods. They are also mortals like any human being and are also fallible, and that’s why there are multiple layers of courts of appeals to reconsider erroneous judgments.
The address of “My Lord” is only retained by the ex-colonies of the British Empire like India, Sri Lanka, Pakistan, Canada and a few other countries. Even the former colony Australia and New Zealand have given up such colonial addresses. In many of the European countries like France, Italy, Germany, Sweden, Russia, and the US the Judges of their respected Apex Courts are being addressed as “Your Honour”, “Honorable Judge” or simply “Sir”.
It is high time a democratic republic like India whose Constitution champions the cause of liberty, equality and dignity of the individual, gave up the disgraceful colonial address of “My Lord” and replaced it with “Your Honour” or “Respected Sir/Madam”. A large portion of both the Bench and the Bar have already done it spontaneously and willingly, and that has never reduced the prestige, dignity, majesty, sanctity or sublimity of judges.
The writer is a senior advocate. Views are personal.
