How to address judges? Your Lordship, Your Honour, or simply Sir?

“Many a times, in the General Clauses Act, we say ‘he’ includes ‘she’; sometimes ‘she’ includes ‘he’ also… We believe it should be either ‘sir’ or ‘madam’… It should be sir. That is the right way of doing it rather than ‘Milord’ or ‘Your Honour’. So let it be gender neutral,” the Live Law report quoted Chief Justice Gokani as saying.

The correct way to address judges has been discussed several times in the past.

Most recently, the debate was triggered on February 23, 2021 after then Chief Justice of India (CJI) S A Bobde objected to being called “Your Honour”.

“When you call us Your Honour, you either have the Supreme Court of United States or the Magistrate in mind. We are neither,” CJI Bobde told the petitioner, who apologised and said he would use “My Lords” instead.

Bobde replied: “Whatever. We are not particular what you call us. But don’t use incorrect terms.”

CJI Bobde had made the same point earlier in August 2020. On that occasion as well, he had told the petitioner that using “Your Honour” was the practice before the US Supreme Court, not in India.

The debate has been framed as part of the effort to end colonial salutations.

“My Lord” or “Your Lordship” etc. are not traditional Indian salutations, and the protocol of using them in courts was inherited from the British.

By The Advocates Act, 1961, the Bar Council of India (BCI) was empowered to make rules on the etiquette that advocates should observe in court. Section 49(1)(c) reads: “The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe the standards of professional conduct and etiquette to be observed by advocates.”

In 2006, the BCI added a new ‘Chapter IIIA’ on “To address the Court” to Part VI of the BCI Rules, breaking from the “colonial relics of the past”. It said:

“Consistent with the obligation of the Bar to show a respectful attitude towards the Court and bearing in mind the dignity of Judicial Office, the form of address to be adopted whether in the Supreme Court, High Courts or Subordinate Courts should be as follows: “Your Honour” or “Hon’ble Court” in Supreme Court & High Courts and in the Subordinate Courts and Tribunals it is open to the Lawyers to address the Court as “Sir” or the equivalent word in respective regional languages.”

The “Explanation” to the provision said: “As the words “My Lord” and “Your Lordship” are relics of a Colonial past, it is proposed to incorporate the above rule showing respectful attitude to the Court.”

On February 23, 2021, then chairperson of the BCI Manan Mishra, issued a statement saying, that “as far as back on 28th September, 2019…it was resolved that as per mostly preferred and prevalent practice, lawyers of the country be requested to address the Hon’ble Judges of various High Courts and Supreme Court as ‘My Lord’ or ‘Your Lordships’ or ‘Hon’ble Court’, while Lawyers of Subordinate Courts, Tribunals and other Forums may address the Court as ‘Your Honour’ or ‘Sir’ or the equivalent word in respective regional languages.”

A petition has been filed on this issue as well.

In 2014, an advocate filed a PIL asking that the use of archaic expressions that were a symbol of slavery and against the dignity of the country, be stopped. (‘Shiv Sagar Tiwari vs Secretary General SCI and Ors’)

Justices H L Dattu and Bobde had rejected the petition as a “negative prayer”, and said that the terms “My Lord” and “Your Lordship” had never been compulsory.

“To address the court, what do we want? Only a respectable way of addressing. You call (judges) Sir, it is accepted. You call it Your Honour, it is accepted. You call Lordship it is accepted. These are some of the appropriate ways of expression, and we accept everything,” the Bench had said.

In 2019, the Rajasthan High Court had resolved to censure the salutations “My Lord” and “Your Lordship” from courtroom protocol, underscoring the “mandate of equality enshrined in the Constitution”. The expression “Your Honour”, however, remained unaffected by the order.

Salutations differ according to the judge’s rank, and are different in different countries.

The official website of the Courts and Tribunals Judiciary in the UK states that judges of the Court of Appeals and the High Court are to be addressed in court as “My Lord” or “My Lady”; Circuit judges as “Your Honour”; Magistrates as “Your Worship”, or “Sir” or “Madam”; and District judges and Tribunal judges as “Sir” or “Madam”.

On the US Supreme Court website, a document titled ‘Guide for Counsel in Cases to be argued before the Supreme Court of The United States’ states:

“Under the present practice, “Mr.” is only used in addressing the Chief Justice. Others are referred to as “Justice Scalia,” “Justice Ginsburg,” or “Your Honor.” Do not use the title “Judge.” If you are in doubt about the name of a Justice who is addressing you, it is better to use “Your Honor” rather than mistakenly address the Justice by another Justice’s name.”

The Singapore Supreme Court website also says that the Judge/Registrar can be addressed as “Your Honour”.

In Australia, in the High Court and the Federal Court, the judges are to be addressed as “Your Honour”.