Don’t use ‘My Lord’, says SC judge. Why is there debate around this term?

Don’t call him ‘My Lord’. That’s a request directly from Supreme Court Justice PS Narasimha. “How many times you will say ‘My Lords’? If you stop saying this, then I will give you half of my salary,” Narasimha told a senior lawyer on Wednesday. Narasimha suggested that the lawyer use the term ‘sir’ to address him instead. But why are judges called ‘My Lord’? Let’s look at the history of the term and the debate surrounding it. Origins of term The term used in Indian courts has its origins in England and France. As per Legal Service India, the wealthy in France or noblemen would be referred to as Millourt in 1430 At that time, England and France were at war – and had been for over 100 years with Jeanne d’Arc, widely known as Joan of Arc, attempting to lift the siege of Paris. The term used in France had actually migrated across the English Channel from the enemy.

That itself was a modification of the term ‘My Lord’.

Then, in 1589, more than a hundred years after the end of the 100 years war, English nobles who had been travelling around Europe brought this this term back to court. It was then at the English court that this term gained popularity and was used to refer to both English nobility and judges in the House of Lords. The term is commonly used in Indian courts with lawyers referring to judges as “My Lord” or “Your Lordships”. The piece noted that India after Independence chose to continue to follow the traditions of the British with regard to our legal system. These included the robes, bands and addressing judges as “Your Lordship.” “As it was years before India would get her first Lady Justice, the inherent gender contradiction of such an address was the last thing on anybody’s mind,” the piece noted. Debate surrounding it The debate around the term has been ongoing for decades. While some say it is simply a mark of respect, others call it a leftover from the colonial-era that ought to be discarded as quickly as possible.

The Bar Council of India in 2006 had passed a resolution that no advocate would address judges as “My Lord” and “Your Lordship”.

“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,” the Bar Council of India said in its resolution. [caption id=“attachment_13342482” align=“alignnone” width=“640”] Representational image.[/caption] As per Orissapost.com, the Bar Council claimed that the terms “My Lord” and “Your Lordship” are relics of our colonial past. It also incorporated this resolution into the Bar Council of India Rules which state: Chapter-IIIA3 : To address the Court Consistent with the obligation of the Bar to show a respectful attitude towards the Court and bearing in mind the dignity of Judicial Office, the form of address to be adopted whether in the Supreme Court, High Courts or Subordinate Courts should be as follows: “Your Honour” or “Hon’ble Court” in Supreme Court & High Courts and in the Subordinate Courts and Tribunals it is open to the Lawyers to address the Court as “Sir” or the equivalent word in respective regional languages.” As per the website judges on several occasions including Justice K Chandru of Madras HC in 2009, a judge in the Rajasthan High Court in 2020, Chief Justice of Calcutta HC Justice TB Nair Radhakrishnan and Justice Arun Kumar Tyagi of Punjab & Haryana HC in March 2021 urged lawyers not to refer to them as “My Lord” or “Your Lordship”, and instead use the terms “Your Honour” or just “Sir”. The Supreme Court has also weighed in on the issue. The apex court in 2014 said judges ought to be addressed in courts in a respectful and dignified manner. It, however, noted that it is not compulsory to call judges “my lord”, “your lordship” or “your honour”. “When did we say it is compulsory. You can only call us in a dignified manner,” a bench comprising then justices HL Dattu and SA Bobde observed during the hearing of a petition which said addressing judges as “my lord or your lordship” in courts is a relic of colonial era and a sign of slavery. The court was hearing a PIL by a 75-year-old lawyer seeking the apex court’s direction to strictly prohibit the use of My Lord or Your Lordships in the courts throughout India alleging that “it is against the dignity of the country.” “Using the word My Lord and Your Lordship which is symbol of slavery should be strictly prohibited to be used in the courts throughout India as it is against the dignity of the country,” the petitioner Shiv Sagar Tiwari claimed before a bench of then Chief Justice P Sathasivam and Justice Ranjan Gogoi. The court, refusing to entertain the PIL, added, “How can this negative prayer be accepted by us," the bench asked, adding “Don’t address us as lordship. We don’t say anything. We only say address us respectfully.” “Can we direct the high courts on your prayers? It is obnoxious,” the bench further said while making it clear that “It is for you to say Sir, Your Lordship or Your Honour. We can’t direct how you have to address the court.” “It is the choice of the lawyer to address the court. Why should we say that brother judges should not accept being addressed as lordship. We have not taken exception when you call as sir,” the bench said.

But Justice Bobde struck a different tone in 2021 on being referred to as ‘Your Honour’ by a petitioner.

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“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,” Bobde was quoted as saying by Orissapost.com. After the petitioner apologised, the then CJI added, “Whatever, we are not particularly what you call us, but don’t use incorrect terms.” Thus, despite the Bar Council of India passing a resolution against the use of the term and even incorporating it into its rules, there seems to be no consistent policy toward using or discarding the term. As a piece in Live Law, arguing that it is time to do away with the address,  noted, “Like many amendments, this one too remains a non-starter. It is said good habits should start at home, but BCI is an exception to this general rule. As long as the office bearers of the Council continue to address judges as ‘My Lord’, how on earth is an ordinary Lawyer expected to follow the Rule?” With inputs from agencies