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"My Lord" gives way to "Your Honour" Apr 20, 2006 2:11 IST
After about six decades of Independence, Indian judiciary is going to exuviate the colonial tag of "My Lord" it acquired from the British Raj.
BCI - the Bar Council of India has asked all the lawyers across the country to abandon the colonial practice of addressing Judges as "My Lord" or "Your Lordship."
The Bar Council of India - a body of nearly one million lawyers, has passed a resolution stating that the Judges of the Supreme Court and the High Courts could be addressed as "Your Honour" or "Hon'ble Court" instead of the age-old "My Lord" and "Your Lordship". It will be open to the lawyers to address the court or the presiding officer as "Sir" or any of its regional equivalents, in the subordinate courts and tribunals.
A rule under Section 49 (1) (i) related to the issue has been framed by the BCI and the resolution has been sent to the State Bar Councils and various Bar associations to be circulated to the courts. And once the resolution published in the Official Gazette, India can bid farewell to this colonial tradition that is more than a hundred and fifty years old.
Earlier in 1993, the BCI had adopted a draft rule on this issue and sent it to the Chief Justice, but nothing came out of that. Two months ago, the Progressive and Vigilant Lawyers Forum - a lawyers' group - petitioned the Supreme Court to change the colonial form of address. A Bench lead by the CJI asked the Forum to approach the BCI to find a solution.
Consequently, the forum filed an application before the BCI and the Bar Council adopted the said resolution in February and it was sent to the Bar Councils and bar associations seeking their opinions on the issue. As there was almost unanimity in implementing the resolution, the BCI adopted it on April 8 and framed the rule and sent it to the Union Law Ministry for notification.
Responding to the move, the Chief Justice of India- Y.K. Sabharwal told reporters, "We welcome this proposal. It is not that we are against it. We will be happy if the decision is implemented. At the same time, it will be very difficult for the lawyers to adjust themselves to this proposal."
After much careful consideration, and certainly, with a no-objection from the apex court, the Supreme Court Bar Association - SCBA decided to insert a new chapter as Chapter IIIA in Part VI of the Rules of the Bar Council of India annunciating to modify the trend.
SCBA president, P.H. Parekh said though the new rule should be implemented it could only be recommendatory as it would take some time for the lawyers to follow it.
Despite the resolution is passed unanimously by the Bar council and the Bar Associations, but the lawyers who are so habitual to utter 'Milord' and 'Your Lordship' during their arguments in the courts, will follow the modified system?