Why advocates in Karnataka, Kerala have been exempted from wearing black coats

Lawyers feel the burn as well, especially when they are running around court corridors in their bespoke uniform under scorching heat and record-breaking humidity.

Well, a couple of courts in India realised their plight. Courts in Karnataka and Kerala have made notable adjustments to the dress code for advocates attending proceedings as temperatures soar.

Addressing the stifling summer, the Karnataka High Court, in a circular issued on 16 April, announced a temporary exemption for advocates appearing in district and trial courts from wearing black coats.

Instead, advocates have been permitted to wear plain white shirts, salwar-kameez, or sarees of any muted colour accompanied by a plain white neckband.

Similarly, the Kerala High Court, recognising the challenges posed by the oppressive summer heat, passed a resolution allowing advocates to forgo wearing gowns during court sessions until 31 May 2024.

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Advocates appearing in district courts are permitted to wear a white shirt with a neckband, with the use of black coats and gowns being optional. In the Kerala High Court, wearing gowns has also been made optional.

Both decisions come as a relief to the legal fraternity, acknowledging the practical difficulties faced due to the extreme temperatures. The Kerala High Court’s resolution was a response to a plea from the Kerala High Court Advocates Association, highlighting the need for flexibility in the dress code during the sweltering summer months.

What laws dictate the dress code for advocates?

According to the Advocates Act, 1961, the Bar Council of India (BCI) has the authority to establish regulations concerning the attire to be worn by advocates, taking into account the prevailing weather conditions, when appearing before any court or tribunal.

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The Bar Council of India Rules, 1975 (BCI Rules), outline dress code regulations aimed at ensuring that advocates present themselves in a manner that is “sober and dignified”.

What is the dress code for advocates in court?

Men are instructed to wear a black gown, commonly referred to as the advocates’ gown, over their black coat, except interns, when presenting arguments before the Supreme Court, High Courts, Subordinate Courts, and Tribunals. They are also required to don trousers (white, black striped, or grey) or a dhoti, along with either “a black buttoned up coat, chapkan, achkan, black sherwani and white bands” or “a black open breast coat, white shirt, white collar, stiff or soft, and white bands”.

For women, the guidelines stipulate wearing either 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 “sarees or long skirts (white or black or any mellow or subdued colours 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”.

Outside of the Supreme Court and High Courts, the wearing of gowns is discretionary, and during the summer months, the black coat is not obligatory except within the precincts of the Supreme Court and High Courts.

What prompted the relaxation of the dress code?

The Advocates Act itself specifies that during the summer months, the requirement for a black coat is waived, often clarified through notices and circulars. For example, on March 14, 2023, the Bar Council of Andhra Pradesh issued a circular stating, “wearing of Black Coat is not mandatory in Subordinate Courts, during summer,” specifying the period from March 15 to July 15 annually.

Although this relaxation directly contradicts the rules outlined in the Advocates Act, High Courts typically issue notifications during the summer months, exempting advocates from wearing gowns while practicing before them. In 2023, the Kerala, Punjab and Haryana, Jammu and Kashmir, and Calcutta High Courts, among others, permitted advocates to appear without gowns during this period.

The Delhi High Court has regularly relaxed the gown requirement for advocates practicing before it, reports The Indian Express. The first circular, exempting gown-wearing, was issued in May 2020, citing the need to “contain the spread of COVID-19”. Subsequent circulars, however, granted exemptions due to the summer months.

In May 2020, the Supreme Court also permitted advocates to appear via video conferencing without gowns, and shortly thereafter exempted them from “wearing heavy upper body clothing like coat, chapkan, achkan, sherwani, gown, and jacket”.

Additionally, in 2021, the apex court briefly considered a plea filed by Advocate Shailendra Mani Tripathi, seeking an amendment to the BCI Rules to exempt advocates from wearing black coats and gowns during the summer months at the Supreme Court and High Courts. However, the plea was dismissed in July 2022, with Tripathi advised to present his case to the Bar Council of India instead.

With inputs from agencies