Introduction

"Courts are temples of justice, and lawyers are the pillars of the temples of justice. Without the pillars, the temples will collapse." - Justice Vijaya Kamlesh Tahilramani, Former Chief Justice of Madras High Court.

An advocate's uniform epitomizes professionalism, mastery, self-confidence, and the oath to safeguard citizens by supporting them to defend their rights and maintaining the poise of court decorum. Judges and Advocates' uniforms sporting the judicial robes are emblematic of their dignity and loyalty to the Court, thereby sustaining the path to justice. The colors 'Black and White' are a universal representation of the legal profession. The sheer beauty in the utilization of the two colors 'Black and White' is representative of moral, socio-centric nuances encircling the role of a lawyer in our society. The color 'Black' has a duality in its meaning, firstly being expressive of bad faith, immoral actions, death, and secondly exerting authority and courage.

On the other hand, 'White' expresses innocence, good faith, and purity. The actual value of these colors is embodied within the attire they come emulsified in. Hence, the balance of the two colors and their embodiment in the attire make one understand the Lawyers' very influential role in society. In India, a lawyer's dress code is administered by the Bar Council of India Rules laid down under Chapter IV in the Advocates Act, 1961[ The Advocates Act, 1961, No. 15, Acts of Parliament, 1961 (India).]. Therefore, every Advocate in India must wear a black robe or coat over a white shirt crowned at the neck with a white band.

Background

The evolution of the attire for advocates can be dated back to the 13th Century when Edward III of England came up with a dress code for judges. We see that the change in advocates, clothing saw an instrumental change over the 17th century to the 20th century, with notable changes during the 15th and 16th centuries. In the Middle Ages in Britain, legal practitioners were addressed as barristers, advocates, and solicitors & their uniforms were similar to that of judges.

The 'Black Coat/ Robe' carries around the Lawyer's charisma, discipline, and professional identity as a mark of poise, honor, wisdom, and justice that every officer of the Law must uphold, be it an advocate or a judge. Robes were adopted in the 1600s as a mark of bereavement for King Charles II. Highly respected lawyers emphasized their seniority with visible flap collars, but as the 17th century progressed, legal practitioners were free to dress as they desired. Furthermore, when Queen Mary II died due to smallpox, King William III called for public mourning by directing all judges and lawyers to wear black gowns. This order was never annulled and consequently led to Lawyers and judges continuing wearing the gown/ robes uniforms because it provided them with a distinct identity in Court.

The 'White Tie/Band' represents each lawyers' due allegiance to adhere to and support the Law and the commitment to maintain a high regard for morality, transparency and good faith. The neckband finds its origin dating back to the inscription of the ten commandments, exemplifying 'Tablets of the Laws' or 'Tablets of Stone'. The band's shape is similar to the rounded-off rectangular tablets as per Christian tradition. Consequently, an advocate's white band represents the protection of God's and humanity's laws.

The British influence also brought in the wig system still followed by the Queen's counsel in the status quo but discontinued in India since 1995. In totality, one can say that this inception began in Britain's spread throughout the world due to the significant presence of British colonies. Due to their colonial reign, their influence in the Indian system is ever-present.

Legal Aspect

The Advocate's Act of 1961[ Supra Note 1., The Advocates Act, 1961, No. 15, Acts of Parliament, 1961 (India).] necessitates an advocate to put on a 'Black Robe' or 'coat' with a white neckband on top of it to preserve the permanence of the practice. The rules outlined in Section 49(1) (gg) of the Advocates Act, 1961[ The Advocates Act, 1961, 49(1) (gg), (ACT No. 25 of 1961).], require all advocates to wear the same attire, regardless of whether they are designated, Senior Advocates or other advocates. Advocates, coming into the Supreme Court, High Court, subordinate courts, and tribunals shall wear the undermentioned as part of their dress which shall be moderate and honorable; [ as per rule under section 49(gg) of the Advocates Act, 1961[ Supra Note 3.] ]

Advocates other than lady advocates have to wear:

1. (a) a buttoned-up black coat, chaplain, achkan, black sherwani, and white bands with advocate's gown, or

(b) a black open breast coat, white-collar, stiff or soft, and white bands with advocates' gowns.

Long trousers (white, black, striped, or grey) or dhoti in either case.

Lady Advocates must wear:

2. a) black full-sleeved or half-sleeved jacket or blouse, stiff or soft white collar, and white bands with advocates' gowns;

(b) sarees or long skirts (white, black, or any mellow or subdued color with no print or design) or flares (white, black, black-striped, or grey).

Apart from appearing in the Supreme Court or a High Court, wearing an advocate's gown is optional. Furthermore, a black-tie may be worn instead of bands in courts other than the Supreme Court, High Court, District Court, Sessions Court, or City Civil Court. In the Supreme Court and High Courts, sporting a black coat is not mandatory during the summer, and the same has been indited under rule IV of the Bar Council Rules. Senior Advocates get designated under section 16 of the Advocates Act[ The Advocates Act, 1961, 16, (Act No. 25 of 1961). ]. They do not have any difference in attire from what is prescribed, however, they are privy to several years of courtroom experience and equipped with strong legal knowledge & reasoning due to which they are appointed the designation.

It is critical to dress appropriately in a courtroom, bearing in mind that the judicial system is deemed one of the most renowned and sacrosanct in nature to protect the life and liberty of citizens; it is also crucial to show respect for the system and its people. If an advocate is dressed inappropriately, the Judges in the Courtroom have the authority to deny him access to the audience. This is why Advocates and everyone who attends Court should adhere to a strict 'Dress Code'. Wearing shabby or casual clothing in Court is considered disrespectful to the Law. Therefore, an Advocate's professional attire must allow them to gain trust and faith from the client, the Judges and fellow lawyers, and the entire society.