Abolish 'My Lord' and 'Your Lordship' 'slavery symbols', lawyer asks SC; Judge recuses, case to be relisted

Tuesday, 12 November 2013 By Legally India Bar, Bench & Litigation

A 75-year-old lawyer petitioned the Supreme Court to abolish the custom of addressing judges as “my lord” and “your lordship” as being “against the dignity of the country”, reported the PTI.

Shiv Sagar Tiwari said that “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”.

He also submitted that the Bar Council of India has already passed a resolution in 2006 saying that nobody will address the court in India as My Lord and Your Lordship but it is not being followed.

The bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi said it could not issue a direction to prevent these term from being used and questioned whether any court insisted on it, as the petitioner claimed that one of his Supreme Court cases was dismissed because he did not use the honorific. Gogoi then recused himself from the case, which is now up for re-listing.

Supreme Court my Lord

Comments

Slaves all 12 Nov 2013, 09:16

+4 -0

I hate (H a t e) calling Judges "Lords" and have consciously called them "Sir" or "Madam" at least since about 2008 - not in the SC but every else down the line.

Some Judges actually wince when referred to as "Sir" - because the rest of the Bar sucks up to them with their "Lord" "M'Lord" "Your Honour" rubbish! So far, fortunately I do not think I have got an adverse order just for that (or so i would like to think!).

Linked to this issue is the process of selection to the higher judiciary - why the massive secrecy?! Publish adverts, invite applications and may the best applicants win! But no, it must be all cloaked in a black box of opaqueness - more room for all kinds of whispers.

Good work, Tiwari Saheb!

Adv 12 Nov 2013, 09:26

+7 -0

The beneficiaries (viz., CJ., J.,) of the system (viz., Collegium appointment, My Lord, Your Honour, etc.,) cannot be expected to vote down and bring the practice to a naught.

Guest 24 Nov 2013, 17:56

+1 -1

Dear all, Judicial Institution has been arranged by lawmakers of the time as COMPETENT CIVIL COURT, SESSIONS COURT,HIGH COURT AND SUPREME COURT in the country.We have three stages of judicial forum. Address by professional or individual to these branches of judiciary has also been provided by respective RULES,viz,CIVIL COURT RULES ,HIGH COURT RULES (FRAMED BY HIGH COURT) and SUPREME COURT(framed by Supreme Court ).Regulatory Body of Lawyers by framing Rules has also tried its best to give an appropriate assistance in COURT ROOM AND COURT CAMPUSES. No Rules give privilege to COURT to enjoy extra-democratic addressing in court room.In no case court can be equated with almighty. 'Lord'word is used only in the feudal sense . It is in no case a synonyms of ALMIGHTY or its synonyms GOD. We are blessed with regulated democratic (relatively) judicial system by our ruler, THE UNITED KINGDOM.When we see and go through the CRIMINAL PROCEDURE CODE and CIVIL PROCEDURE CODE,we find basic democratic structure codified therein. Judicial administration , in gradual manner was launched in the BRITISH INDIA.We inherited the system when it was fully improved. Our High LAW,THE CONSTITUTION OF INDIA spoke to its citizen that we are nothing but a DEMOCRATIC UNION called INDIA . Its respective ARTICLE gives extraordinary cover to its citizen. Respective provision of various purpose laws also saves the dignity of human being who is standing on the soil of this COUNTRY.But no law directs or regulates to address the courts with feudal adjective like your honor, me lord and my lord. COURT,HIGH COURT and SUPREME COURT are branches of JUDICIAL INSTITUTION. Why YOUR HONOR even. Why not MR.JUDGE address should be regulated in the habit . Is YOUR HONOR and MY LORD/ME LORD is big than court ? In fact to make engage at some superfluous thing and not prejudice the judicial administration ,the address requires these humiliating adjectives. Now things are going to be worst. Governors and state cabinet /state ministers are using HIS HIGHNESS/ MAHAMAHIM/ MANANIYAY before their official post and with big snaps it is published on various days in news paper. Hence it is the appropriate time to say judiciary to here only democratic words. When you say lawyers are officers of the court in the COURT ROOM please do not be feudal by getting address as YOUR HONOR and ME/MY LORD. It improves Contempt laws as a judicial terror power and sends massage that INDIAN JUDICIARY is still running in the feudal way. If you do not hear extra democratic address in the court room ,it does not matter.You see all advocates and persons including your staffs stand on your arrival. Is it not enough?

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