Law Interns To Wear White Shirt, Black Pants & Black Tie In Courts: Delhi High Court

The Delhi High Court on Thursday said that law interns can enter court complexes in the national capital by wearing a white shirt, black tie and black pants as prescribed by the Bar Council of Delhi (BCD).

Justice Prathiba M Singh also said that the advocates appearing before any courts, from city civil courts to the Supreme Court, would have to wear white bands along with the uniform prescribed for them.

“It is clarified that the advocates appearing before any courts, from city civil courts to Supreme Court, would have to wear white bands along with uniform. Interns can enter court complexes with black tie, black pants and white shirt as prescribed by Bar Council of Delhi,” the court said.

The court was hearing a plea moved by one Hardik Kapoor, a second year law student, challenging the circular issued by Shahdara Bar Association resolving that interns practicing at the Karkardooma Court ought to wear white shirt and blue coat and trousers.

The plea argued that the impugned circular would cause unnecessary financial burden on the interns who are already working without any stipend or with stipend of meagre amount.

Disposing of the petition, the court said that the Shahdara Bar Association’s circular “would be superseded” by the uniform prescribed by BCD “which would be followed uniformly across Delhi.”

“The impugned circular would not survive and shall be superseded by the uniform prescribed by Bar Council of Delhi which would be followed uniformly across Delhi. The petition is accordingly disposed of,” the court said.

The counsel appearing for Shahdara Bar Association submitted that there is a conflict between the uniform prescribed for advocates under the Rules prescribed by Bar Council of India (BCI) and Rule 27 of Rules of Legal Education, 2008 which specify formal dress code for interns.

It was also submitted that a larger number of judicial officers and lawyers appearing in the courts wear black tie instead of bands.  It was the stand of Shahdara Bar Association that there has to be a distinguishing feature between uniform of judges and advocates on one hand and interns on the other hand.

The counsel appearing for BCD relied on the resolution of the bar council to argue that the distinguishing feature in the uniforms would be black tie which can be worn by interns.

The counsel appearing for the petitioner submitted that Shahdara Bar Association’s circular directing blue pants and blazer is not sustainable.

In this context, Justice Singh observed that BCD’s resolution would not come in conflict with the uniform prescribed for advocates which is white band.

Previously, the court had asked the Chairman of BCD to call for a meeting of all the stakeholders including the district bar associations and BCI to evolve a common consensus regarding a uniform dress code for interns.

It was observed that since a larger number of interns enter the premises of Delhi district courts and the High Court, a uniform policy ought to be arrived at by all the stakeholders so that the law students can wear a uniform, which is clearly distinguishable from lawyers' uniform.

Title: HARDIK KAPOOR v. BAR COUNCIL OF INDIA & ORS 

Citation: 2023 LiveLaw (Del) 172