Why do advocates/judges wear gowns and bands? I have been posed with this question more than a hundred times and I am sure that my lawyer colleagues would have faced the same question at any point of time in their career or law school. I was asked this question once by my maternal grandfather and once by my young cousin who had watched some social media video of some lawyer giving a sneak peek of the litigation lifestyle. I must admit that I had no clue both times when this question had been posed to me. This article will try to answer this question.
Just like our laws, the legal profession in India follows a British legacy. Similarly, our dress code has British antiquity in it.
In England, adjudication of disputes was considered a special profession as such Judges were considered as direct servants of the king/queen exercising royal privilege. It was therefore believed that a special dress code could provide magnanimous dignity which no other clothing could provide.
Special Dress Code/ Gowns dates back to the 13th century but at that time the advocates/judges used to wear green, violet or red colour gowns. The shift to black robes happened in 1685 while mourning the death of King Charles II. Some historians however assume the shift to black gowns happened after the death of Queen Mary II in 1694 or Queen Anne in 1714.
Following the death of King Charles II, the entire Bar and Bench went into a complete state of Mourning and started wearing black gowns to mourn his death.
When Queen Mary II passed away in 1694, all of the judges had worn black robes to Queen Mary II’s funeral as a symbol of respect. The time of mourning continued for a few more years following Queen Mary’s burial, and the practice of donning black robes became a standard practice in the English Judicial System.
Advocates also put white neckbands around their necks which basically signifies Innocence. Prior to the 1640s, advocates/judges used to put a wide neck ruff around their collar which post-1640s was substituted by a white rectangular band. It is made up of two rectangles that are thought to be analogous to the tablets of Moses from the Old Testament. According to Christian beliefs, the ten Commandments were revealed to Prophet Moses at Mount Sinai. The commandments were carved by the finger of God on two tablets of stone kept in the Ark of the Covenant. The white neckband represents the “Tablets of Stone” of the same stone. An Advocate’s white band, therefore, represents the endorsement of the laws of God and of men.
When the British left India after the latter’s independence, the dress code was retained by legal professionals.
Hasnain M. Khawja is an Advocate, High Court of Jammu & Kashmir and Ladakh. Feedback at [email protected]

Hasnain M. Khawja