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Synopsis

A division bench of the Bombay High Court comprising Justice AS Gadkari and Justice SG Dige on Monday adjourned a case after the Advocate representing the petitioner did not appear in proper dress code. 

"Advocate for the Petitioner is not in proper dress code. Stand over to 10th July 2023," the bench said in its order. 

Section 49 (1) (gg) of the Advocates Act 1961 grants the Bar Council of India the authority to establish regulations concerning the attire to be worn by advocates when appearing before any court or tribunal, taking into consideration the prevailing climatic conditions.

Pursuant to the authority vested in it, the Bar Council of India enacted a resolution on 24th August 2001, thereby establishing the dress code for both male and female advocates. Subsequently, this resolution received approval from the Chief Justice of India at that time, Dr. A.S. Anand.

As per the resolution passed by the Bar Council of India, advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals or Authorities shall wear the following as part of their dress, which shall be sober and dignified

1) Male Advocates

 (a) A black buttoned-up coat, chapkan, achkan, black sherwani and white bands with Advocates’ Gowns.
 (b) A black open-breast coat. white shirt, white collar, stiff or soft, and white bands with Advocates’ Gowns.

In either case wear long trousers (white, black striped or grey) Dhoti excluding jeans.

Provided further that in courts other than the Supreme Court, High Courts, District Courts, Sessions Courts or City Civil Courts, a black tie may be worn instead of bands

2) Female Advocates

(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

(b) Sarees or long skirts (white or black or any mellow or subdued colour without any print or design) or flare (white, black or black stripped 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.

The regulations specify that except in the Supreme Court and High Courts during summer, the wearing of a black coat is not obligatory.

In July 2021, the Bar Council of India informed the Allahabad High Court of its formation of a five-member committee to determine the dress code for lawyers. This disclosure was made during a hearing of a Public Interest Litigation challenging the dress code imposed by the Bar Council of India.

In February 2023, the Madras High Court invalidated a circular issued by the National Company Law Tribunal, which mandated lawyers to wear gowns when appearing before the tribunal. The high court opined that the NCLT lacked the authority to dictate a dress code for lawyers.

Case title: Keval Bhupendra Shah vs State of Maharashtra