The circular stated that if interns are found wearing black coat and trousers “then they will not be allowed to appear in courts”. The plea claimed that the circular is contrary to Rule 27 of Rules of Legal Education issued by Bar Council of India which prescribes the “formal dress code for law interns during internships” which is a “white/black trouser, white shirt, black tie, black coat, black shoe and black socks”.
The Delhi High Court on Thursday has clarified that law students while on their internship can enter court complexes in Delhi wearing a white shirt, black tie and black pants as prescribed by the Bar Council of Delhi.
A single judge bench of Justice Prathiba Singh passed this observation while hearing plea moved by a second year law student Hardik Kapoor who had challenged a November 24 circular of the Shahdara Bar Association prescribing a “uniform” for law interns – blue coat, white shirt and black trousers – to distinguish them from advocates. Kapoor challenged the circular as “arbitrary” and imposing an “illegal restriction on interns” and sought quashing of the same. The HC had stayed the operation of the circular on December 1, 2022.
Justice Singh today further clarified that 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 the Bar Council of Delhi,” Justice Singh said.
Disposing of Kapoor’s plea, Justice Singh said that the Shahdara Bar Association’s circular “would not survive and shall be superseded by the uniform prescribed by Bar Council of Delhi” which would be followed “uniformly across Delhi”.
Shahdara Bar Association’s counsel submitted that there is a conflict between the uniform prescribed for advocates under the rules of the Bar Council of India (BCI) and Rule 27 of Rules of Legal Education, 2008 which specifies a “formal dress code” for interns. It was also argued that a larger number of judicial officers and lawyers appearing in the courts wear black tie instead of white bands, and therefore it calls for a distinguishing feature between the uniform of judges and advocates on one hand and interns on the other hand.
BCD argued that its resolution of December 16 states that the “distinguishing feature” in the uniforms would be black tie which can be worn by interns. The High Court thereafter said that BCD’s resolution would not come in conflict with the uniform prescribed for advocates which is white band.
Justice Singh had previously directed the BCD to convene a meeting of all bar associations in Delhi, other stakeholders and the Bar Council of India (BCI), to evolve a consensus on the uniform for law interns. The HC had noted that since there were a large number of interns in district courts and the high court, “a uniform policy” was required so that the interns can wear a uniform which is fairly distinguishable from the lawyers, further holding that if “separate bar associations start prescribing uniforms” it would inconvenience the interns.
The circular stated that if interns are found wearing black coat and trousers “then they will not be allowed to appear in courts”. The plea claimed that the circular is contrary to Rule 27 of Rules of Legal Education issued by Bar Council of India which prescribes the “formal dress code for law interns during internships” which is a “white/black trouser, white shirt, black tie, black coat, black shoe and black socks”.