VISWANATHA.IYER
Jose – Appellant
Versus
State of Kerala – Respondent
An advocate as defined in S.2(1) (a) of the Advocates Act 25 of 1961 (the Act), has to conform to regulations in the matter of robes. S.34 of the Act enables the High Court to make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and in the courts subordinate thereto. Power is also conferred by S.49(1)(gg) on the Bar Council of India to make rules prescribing the form of dresses or robes to be worn by an advocate appearing before any court, or tribunal.
2. The High Court of Kerala has, in exercise of the powers vested in it under S.34, framed rules dated July 10,1969 laying down the conditions subject to which an advocate shall be permitted to practise in the High Court of Kerala, and in the courts subordinate thereto. Rule 12of these rules prescribes the dress to be worn by an advocate, and runs as under:
"12. Advocates appearing in Court shall wear the following dress. (1) Advocates other than lady advocates:-
(a) Black buttoned-up coat (chapkan, achkan or sherwani), Barrister's or Bachelor of Laws' gown, and bands, or
(b) Black open collar coat, white shirt, white collar, stiff or soft, with Barrister's or Ba
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