‘Your Lordship’ or ‘ladyship’ or ‘My lords’ – Referring to HC/SC judges as lords ?

The colonial legacy of referring to high court and supreme court judges as “My lordship or ladyship” or “My lords” is still very common practice in the high courts and Supreme Court of India. Since long there has been a debate on referring to judges as lords where some say that the old (British/French) practice is a sign of respect to a person who grants justice while others view this as a “Colonial Hangover” and want this practice to be abolished. There is also the argument that referring to judges as lords elevates their status to one which is above the common person.

History and origin of the archaic terms –

Contrary to popular belief, the terms “My lords or  My ladyship” are not British terms but French terms. In 1337, England and France were in the middle of “The Hundred Year’s war” and it was a common term in France to refer men of nobility as ‘Millourt.’ This term  travelled through the Englishmen back to England and began to spread in Britain. Eventually the noble and elite class of Britain were referred to as My lords which also led to the birth of My lady.

Then in the 1700s, the operations of East India Company was increasing day by day and there was a lack of a competent court in India who could hear matters and disputes for the company. So with the British charter of 1726, the East India Company established a mayor’s court (civil) and criminal court. The Apex court for India still remained the Privy Council in London. King George 1 then used to send British officers and aldermen who were judicial officers in England to be judges in India and they brought the practice of using Lords or Lady in courts. Not only these terms, but the British men also brought the practice of wearing gowns, bands and wigs.

In India’s Context –

In India’s complex social and religious fabric, the term is widely associated with religious deities or godly figures like Lord Rama (Hindu) or Jesus (Christian). India’s usage of the term “Lord” is not one that refers to a person of high class or nobility but one who has divine powers. Though the practice of using this term for judges is just namesake but still can hurt sentiments of certain communities.

Bar Council’s 2006 resolution –

In 2006, the Bar Council of India, the body which governs the field of law passed a resolution which contained the following –

Chapter IIIA - 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.'

Explanation - As the words 'My Lord' and 'Your Lordship' are relics of the Colonial past, it is proposed to incorporate the above rule showing respectful attitude to the Court.

This resolution discouraged the use of lordship and ladyship and called for the use of ‘Sir’ in lower courts and ‘your honour’ in superior courts. This model is inspired by the American system of addressing the court.

The views of Indian Courts –

In 2019, lawyers and Bar Associations in Rajasthan’s high court called for abolishing the practice of using these terms to address judges. Pursuant to which the full court of Rajasthan’s High Court decided that to safeguard the values of equality enshrined in the constitution the terms “lordship” or “ladyship” should not be used. Over time there have been several instances where judges of various High Courts and the apex court have negated the use of these terms. Judges including Justice Bhat (SC), Justice Muralidhar (CJ, Orissa), Justice DY Chandrachud (Former CJI).

However, in 2020, the then CJI Justice Bobde was addressed as “sir” in a matter and he negated the use of word ‘sir’ since it is not the way to address judges in the Supreme Court of India. He further added that ‘Sir’ is used in American courts not India. In 2014, the apex court had also rejected a PIL that was seeking a ban on the use of terms like “lordship” or “ladyship”. The court had said that the PIL was not relevant since the there is no compulsion being imposed on lawyers to use these terms.

The journey from ‘lordship’ to ‘sir’ is more of mental shift than a regulatory shift. We may have gained independence from the British in 47’ but are still bound by English practices which have crawled in our systems. This change will uphold the principles of equality, respect and dignity.