Following complaints of some advocates not following the dress code prescribed by the Bar Council of India (BCI), the Bar Council of Tamil Nadu and Puducherry (BCTNP) has written to all Bar associations in the State as well as the Union Territory, warning their members against wearing jeans, capris and leggings to courts.
In a circular issued to the bar associations, BCTNP chairman P.S. Amalraj has stated that it is the duty of all advocates to appear before the courts in a presentable manner and any violation of the prescribed dress code would amount to professional misconduct punishable under Section 35 of the Advocates Act, 1961.
“The legal profession is a noble profession and in order to maintain its dignity, decorum and nobility, several duties are cast upon the advocates under the Advocates Act, 1961 and the Bar Council of India Rules. Since, the advocates are the officers of the court, they have to follow the Rules framed under the Act,” the circular read.
It went on to state: “It is brought to the notice of the Bar Council that some advocates are not following the dress code as prescribed under the Bar Council of India Rules. Therefore, it is hereby informed to all advocates that the form of dresses or robes to be worn by advocates is prescribed under Part VI Chapter IV of the BCI Rules.”
The circular also extracted the Rules which state that male advocates must wear a black buttoned up coat, chapkan, achkan or black sherwani with a white band and advocate’s gown or a black open breasted coat with a white shirt, white collar (stiff or soft), white band and advocate’s gown.
“In either case, they must wear long trousers (white, black, striped or grey) or dhoti excluding jeans.... 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 band,” the BCI Rules stated.
In the case of women lawyers, the Rules required them to wear black full sleeve jacket or blouse with a white collar (stiff or soft), white bands and advocate’s gowns. They could also wear a white blouse (with or without a collar) with white bands and a black open breasted coat.
Further, the BCI Rules permit women advocates to wear sarees or long skirts (white or black or any mellow or subdued colour without any print or design) or flared (white, black or black striped or grey) or Punjabi outfits such as churidar-kurta or salwar-kurta with or without dupatta (white or black) or traditional dresses with black coats and bands.
The Rules also make the wearing of advocate’s gowns optional, for both men and women, except when appearing in the Supreme Court or the High Courts and state that the wearing of a black coat too, would not be mandatory in any forum, but for the Supreme Court and High Courts, during the summer.
“An Advocate shall appear in court at all times only in the prescribed dress and his appearance shall always be presentable. An advocate shall not wear band or gown in public places other than in courts except on such ceremonial occasions and at such places as the BCI or the court may prescribe,” the Rules add.
Therefore, Mr. Amalraj said: “Since specific Rules have been laid down with respect to the dress code to be followed by the advocates, any other dress such as wearing jeans, capri pants (pants that are longer than shorts but are not as long as trousers), leggings, etc., are strictly restricted (sic).”
Mr. Amalraj, in his circular, requested all bar associations to inform their members about the circular and make sure that they adhere to the dress code.
