Historical Background Of Wearing Black Robes By Advocates

- Janet Reno

Dress Code is a 'symbol of confidence', a 'symbol of discipline', a 'symbol of the legal profession' and a 'proud part of an individual's personality' for a profession. The balance between maintaining the Court's decorum and permitting freedom in an individual's lifestyle is really well defined in a 'Lawyer's Dress Code'. The professional environment generally is marked by a code for dressing (in terms of colour, style, etc) as the dress code is a part of dignity and professionalism. The outfit of Judges and Advocates with judicial robes seems a mark of dignity and loyalty to the Court and to the path to justice. The colour 'black' is not touched by any display of colours. 'Black and White' is a symbol of the legal profession throughout the world barring a few exceptions. Black colour generally has many different overtones; like every colour- it has both positive and negative connotations. So, on one hand, it signifies death, evil and mystery while on the other hand, it signifies strength and authority.

Black colour was chosen because of two reasons. Firstly, colours and dyes were not readily available back then and the colour purple signifies royalty and thus, the only abundant fabric colour left was black. However, the main reason behind wearing a 'Black Coat' is because black is the colour of authority and power. Black represents submission of oneself to Justice. Just like Priests wear black to show their submission to God, Lawyers wear black to show their submission to justice. The colour white signifies light, goodness, innocence and purity. As the legal system is the only hope of justice for a common man, the colour white is chosen to represent him. Lawyers of both the sides- petitioner and respondent wear a similar dress code. The significance of the colour also highlights that the law is blind in order to convey that it only sees the weight of evidence and no other factor.

The 'Black Robe' lends seriousness to the identity of an Advocate and provides unique visual character to their professional image. Wearing 'Black Robe' creates a sense of discipline among lawyers and gives them a sense of power and feeling of being the upholders of rights. Black colour is a symbol of dignity, honour, wisdom and justice and these are the values which every lawyer and Judge has to uphold and protect. The 'Black Robes' conveys the message of authority, knowledge, meticulousness and steadiness. Black means opaque and, therefore, the sides of the prosecution and defence are presumed to be unknown until they are substantiated by law, thereby, 'Black Gowns'. The American standards of criminal justice say that because the attorney is an 'Officer of the Court', he should support the Court's dignity by following the Court Rules of Decorum. Traditionally, English Courts regulated Barrister's Dress Code in such a manner, that even the growth of an attorney's beard was subject to scrutiny.

A white neck-band symbolises innocence. The two pieces of white cloth joined together to form the Advocate's bands represent the 'Tablets of the Laws' or 'Tablets of Stone'. These are the tablets that, according to the Christian belief, were used by Moses for inscribing the ten commandments which he received from a burning bush on Mt. Sinai. The ten commandments are believed to be the first example of a uniform coded law. The shape of the band is also similar to the rounded off rectangular tablets. Thus, an advocate's white band represents the upholding of the laws of God and of men. India in terms of the lawyer's dress code inherited the system after British Rule with minor modifications with times.

Historical Background

The history of the 'Black Coat' dates back to 1327 when Edward III formulated the costumes for Judges based on the "Dress Code" for attending the "Royal Court". At the end of the 13th Century, the structure of the legal profession in British was strictly divided between Judges; Sergeants, who wore a white coiffure wig on their heads and practiced from St. Paul's Cathedral; and the four Inns of Court, divided into Students, Pleaders, Benchers (the Ruling Body of the Inn) and Barristers, who were mostly hailing from Royal and Wealthy families. The English Judicial Costumes worn by the Judges are the most distinctive working wardrobe in existence for more than six centuries (Baker, 1978). The material for ceremonial dress or robes was originally given to Judges as a Grant from the Crown. The Division of legal profession in England dates back to 1340, paving the way for the evolution of Professional Advocacy (Waker, 1980). In 1340, in a public reaction, the general public opposed the length of the Judicial Attire but the Lawyers obstinately decided to adhere to the Long Robes. The Judges during the medieval era wore Violet Robes in winter and Green Robes in summer. The Green Summer Robes fell into disguise by 1534 and after 1534 only the Black and Violet Robes were usually worn. However, Robes can be interpreted to mean Wig and Gown (Abdulraheem, 2006).

Apart from Clergy and the Military, legal professionals used to wear 'gowns'. In Europe as far as Forensic Dress is concerned, a scholastic and ecclesiastical tradition goes back to the days when long mantles were worn by the avocati-consistorial of Papal Courts and the Lawyers of the Roman Sapienza. Reverend Advocates in ecclesiastical and Secular Courts used to wear 'Toga' which subsequently came to be the Pleaders Uniform. Long Robes were imported into the Courts first by the Priest-Original Judges and later by those who patronized the Courts since the 13th Century (Haque, 2012). In ancient Rome, a Judge used to wear a 'Purple Trimmed Toga' when performing his duties as a Judge to derive his authority from Monarchies or Feudal Lords. In England, Codification of Rules for English Judicial Uniform occurred with the Judge's Rules, 1635. The Rules introduced no change rather set out what and when existing costumes were to be worn. After 1635 a 'Black Robe' with a light colour fur or coat in winter and violet or scarlet robes with short-pink taffeta in summer was introduced. A Black Girdle or Cincture was worn with all robes. By the end of the 1680s two rectangles of linen used to be tied at the throat. So in England, Judges, Barristers and Solicitors in the 17th Century were using Black Coats, Gowns, White Bands and traditional Wigs.

Three stories are found in England regarding the use of Robes. Firstly, Robes adopted in 1685 as the symbol of mourning for King Charles II. These "Mourning Robes" were designed to have pleated shoulders and bell-shaped sleeves. Again, the higher ranking Lawyer's Robes set them apart with flap collars and different sleeves. Similar such Robes are worn today. The wigs also follow the fashion of that era. It was believed that 'Gowns and Wigs' gave a degree of anonymity to Judges and Lawyers. Different styles of wigs were used depending on the hierarchy. Bands, the official neckwear, also originated in the United Kingdom, where these were used for legal, official, clerical, priestly and academic use. Secondly, in 1694 it was found that all of the Nations Judges attended the funeral of Queen Mary II dressed in Black Robes as a sign of mourning. Since the mourning period lasted a few more years after Mary's burial, the custom of wearing black robes became entrenched in the English Judiciary. Thirdly, in memory of Queen Anne in 1714, the same mourning was followed. Italian Judges resembling English Judges in the 18th Century wore black robes, white bands and white wigs. Thus from the tradition of three Monarchs, the tradition of black robes spread around the British and then the world and it still persists today as part of Britain's colonial adventures (Fred, 1978).

But this is the custom started by British. They did so, because it was fashion of that particular era or they probably used it because of the local climatic conditions. As the rulers, they imposed the same culture and customs on the 'colonies' they acquired without taking into consideration the local climatic requirements or general socio-economic conditions. However, many of these 'colonies' continued with legacy and adopted the same system, the same culture, the same laws and even the same dress without any changes even after they freed themselves from imperial rule.

As the Indian system is influenced by its British rulers, the Advocate's Act of 1961 makes it mandatory for a lawyer to wear a 'Black Robe' or 'coat' with a white neckband on top of it in the continuity of the same.

The rules framed under Section 49(1)(gg) of the Advocates Act, 1961 are as follows that prescribe the same dress for all the advocates irrespective of whether they are designated Senior Advocates or other advocates

"CHAPTER IV

FORM OF DRESS OR ROBES TO BE WORN BY ADVOCATES

[RULE UNDER SECTION 49(1)(GG) OF THE ACT]

Advocates, appearing in the Supreme Court, High Court, subordinate Courts, tribunals or authorities shall wear the following as part of their dress which shall be sober and dignified;

Advocates other than lady advocates:

1. (a) a black buttoned-up coat, chapkan, achkan, black sherwani and white bands with advocate's gown, or

(b) a black open breast coat, white collar, stiff or soft, and white bands with advocates' gowns.

In either case long trousers (white, black, striped or grey) or dhoti.

Lady advocates:

2. (a) black and full or half-sleeve jacket or blouse, white collar, stiff or soft, and white bands with advocates' gowns;

(b) sarees or long skirts (white or black or any mellow or subdued colour without any print or design) or flares (white, black or black-striped or gray):

Provided that the wearing of advocate's gown shall be optional except when appearing in the Supreme Court or in a High Court.

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

Even Notification No. 3 of 1958 dated 28.08.1958, issued by High Court of Judicature, Jammu & Kashmir, prescribes the Dress Code to be worn by the Legal Practitioners when appearing in the High Court of Jammu & Kashmir and the courts subordinate to the High Court.

Except in Supreme Court and High Courts, during summer wearing black coat is not mandatory. These amendments have been approved by the Hon'ble Chief Justice of India Vide Letter Dated. 12.11.2001 subject to the incorporation of "except in Supreme Court & High Court during summer wearing a 'Black Coat' is not mandatory" which is now added as Rule IV of the Bar Council Rules. This was based on representation based on a group of lawyers from Tamil Nadu.

The amended Rules in Chapter IV, Part VI of the Bar Council of India Rules relating to "Form of Dresses or Robes to be worn by Advocates" had been communicated to the State Bar Councils Vide Circular No. 6/2002 dated 25.01.2002. The Bar Council of India at its meeting dated 23rd/24th February 2002 considered the doubts raised relating to Dress Rules and after consideration, the following decision has been taken:

"In the change brought about in the dress rules, there appears to be some confusion as far as the subordinate courts are concerned. For removal of any doubt it is clarified that so far as the courts other than Supreme Court and High Courts are concerned during summer while wearing 'Black Coat' is not mandatory, the advocates may appear in a white shirt with black or striped or gray pants with black tie or band and collar".

Conclusion

In Law, the 'Black Coat' is full of fascination and admiration and somehow there is also an enormous compassion for this mystical object. The 'Dress Code' expresses sanctity and commitment of the lawyers towards judicial institutions and enhances their responsibility for the profession. The 'Dress Code' is not merely a status symbol, it actually brings out discipline in lawyers and also gives them the strength and confidence to fight for justice. It also gives the lawyers a distinct personality from other professionals. Wearing appropriate clothes in a Courtroom is extremely important. The Judicial system is considered as one of the most respectable systems, so showing respect to the system and the people involved in the system is essential. The Judges in the Courtroom can refuse the audience to a lawyer if he is dressed up inappropriately. This is the reason why not only lawyers but every individual who participates in the Court should follow a certain 'Dress Code', The basic rule for dressing is to dress up conservatively. Wearing casual and shabby clothes in the Courtroom is considered as disrespect to the Law.

Law has a lot to do with appearance. It is necessary that the lawyer is able to gain the trust of the client, the Judges and the Jury. It is rightly said that the first impression is not the last but it definitely a lasting impression and so it is essential that the professional dressing enables a lawyer to gain that trust and faith from the client, the Judges and fellow lawyers, jury and the society at large