Hon’ble Supreme Court???

Summary: The post explains why Hon’ble Supreme Court or Hon’ble High Court is the wrong way of referring/ addressing any court. 

Picture - Courtesy website of the Court

This post is part of the series 'LegalTrek'. They are under the following sub-heading: Book review/ Biography, Drama/ Judgements, History, Managing Court & Judiciary, Office Management, Personal, Reminiscence/ Advice, Suggestions/ Opinion. If necessary, the division will further diversified. This one is under the sub-heading Managing Court & Judiciary. 

One can access these posts in this series by clicking  on the label 'LegalTrek' on the right hand side and this sub-heading posts by clicking Court Management' .

LegalTrek - Managing Court & Judiciary

।। Administrative Tribunals ... Some Reforms।। Sharpening The Axe।। Suggestions For Improving Collegium System।। National Court of Appeal – Not A Good Idea: Some Suggestions।। Naked In The Khan Market।। Rekindling Judiciary।। Hon’ble Supreme Court???।। 

Everyone gets tips, when they enter the Bar, so did I. The first one that I got was to address the judges of the higher courts (Supreme/ High Courts) as ‘Hon’ble Mr./ Ms. Justice’ and the judges of the lower courts as ‘Learned’. This is because of the position that they hold. While writing, it is sufficient to affix J. after the name: other words are neither necessary nor required. 

The judges are not entitled to be referred thus after retirement. Unlike in US (and England earlier), the appointment in our country is till attainment of particular age and not for life. The right way to refer to a retired judge is ‘Mr./ Mrs. … Retd. Judge ...’. 

Broadly, the words ‘Hon’ble’ or ‘Learned’ are used for animate beings and not for inanimate objects/ institutions like courts (be it higher or lower court) or committees. They are neither entitled, nor are they required to be referred to as Hon’ble or Learned. However, their members may be so entitled. But of late, the usage of these words has changed in our country. 

Now, Indian writings and discussion on media, are normally affixing ‘Hon’ble’ before Indian courts – the inanimate objects. I don’t remember reading British/ American/ Australian writing referring to Privy Council/ House of Lords/ Supreme Court/ High Court prefixing it with the word ‘Hon’ble’. However, I have come across Indian writing using ‘Hon’ble’ before these institutions that they themselves or their countrymen do not use. 

In our country, the President/ Prime Minister/ Chief Minister/ Minister are also addressed as ‘Hon’ble’. The members of the Parliament and members of some other institutions are also addressed as ‘Hon’ble as they are animate beings. Here also, while writing, adding the words President/ PM/ CM/ MP is sufficient: others terms are not required. Often, the word Hon'ble is omitted. It is proper to say Mr. President Sir or Mr. PM Sir. 

Nevertheless, the Rashtrapati Bhavan or Parliament (the inanimate things) are never addressed/ referred to as Hon’ble. We never say Hon’ble Rashtrapati Bhavan has issued a notification or Hon’ble Parliament has passed a law. They are also never referred to thus in writings or in media. It is surprising how this terminology about courts has crept into Indian writing and media. It is not only wrong usage of the language but is also unnecessary glorification that obstructs the flow of the language. 

There are many other usages that were traditionally used but have become redundant (like ‘as His Lordship then was’). They also, not only obstruct but, unnecessarily increase the length of the sentence. Sooner we drop them, better will it be.

To some extent, the judges are responsible for this incorrect usage. I cannot say when and by whom this practice started, but it appears that at some point of time, someone mistakenly used it. Then, it was blindly followed by others; the judgements started using it. The lawyers, media, Indian writings followed suit and adopted it as a fashion – perhaps to unnecessarily glorify or because of fear of offending the judges. 

Unfortunately, this practice has crept in at administrative levels as well. In many courts, the word ‘Hon’ble’ is mentioned before committees. In the Allahabad High Court, I instructed the person concerned not to use it before the committee of which I was the chairman. 

This practice was also followed by the Chhattisgarh High Court. As a Chief, I would get a reports starting that Hon’ble ... committee has made recommendation. When I objected to such usage, the Registrar General informed me that it may not be liked by some members. It was then, in one such file, an order was passed that it may not be used for the committees etc. But I am not sure, if it is still there or old practice has crept back. 

There is neither any necessity nor is it an insult/ offence in referring the court/ committee as the Supreme Court/ High court/ Committee without prefixing it with the word ‘Hon’ble’. We must correct it before it is too late and goes out of hand.

#YatindraSingh #LegalTrek #ManagingCourtJudiciary