
Tribunals Have No Authority To Issue Instructions On Dress Code Of Advocates Appearing Before Them: Madras High Court
Live LawThe Madras High Court has quashed a notification issued by the Registrar of NCLT which made it mandatory for advocates appearing before any bench of NCLT to wear gowns. Earlier, a bench of Justice K Ravichandrabaabu and Justice TS Sivagnanam had ordered an interim stay on the operation of the order holding it to be in conflict with the Rules of the Bar Council of India which make wearing of gowns mandatory for an advocate only in case she or he is appearing in the Supreme Court or the high courts. The division bench of Justice R Mahadevan and Justice Mohammed Shaffiq in the judgment noted that as per Section 34 of the Advocates Act and the Bar Council of India Rules, only the High Court can frame rules for the dress code for the appearance of advocates. When there are statutory rules framed by the competent authority and when the statute has conferred the powers on the High Court with reference to prescription of the dress code, any instruction, direction, advisory by the Tribunal, especially when it runs contrary to the statutory rules, is ultravires the Act, and without there being any source of power for issuance of such directions." The court noted that during the pendency of proceedings, the NCLT modified its earlier order and followed the Bar Council of India Rules with respect to the dress code for legal practitioners.
History of this topic

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