Today, On 2nd September, The Calcutta High Court advised lawyers to refrain from using the phrase “beg to appear” when addressing the court, urging them to move away from colonial-era language. The Court emphasized that lawyers have a constitutional and statutory right to represent their clients and should simply state, “I am appearing for the appellant.”
Calcutta: The Calcutta High Court, On Monday, advised lawyers to abandon certain courtroom practices that are remnants of the colonial era, such as using phrases like “beg to appear” before the court.
As it is traditionally seen as part of courtroom etiquette, It is common for lawyers to begin their arguments by stating,
“I beg to appear for XYZ,”
However, when a lawyer at the Jalpaiguri circuit bench began his argument,
“I beg to appear for the appellant,”
Justices Harish Tandon and Apurba Sinha Ray immediately intervened.
The Bench informed the lawyer that he possesses a constitutional and statutory right to appear before the Court, a right that cannot be denied by anyone. The use of the word “beg” when requesting permission to present arguments, the Court noted, reflects a colonial mentality.
The Court remarked,
“Why do you use the word ‘begging’? This colonial expression is outdated, and we are now independent. You have a constitutional and statutory right to represent. Simply say, ‘I am appearing for the appellant.’ You have that right; no one can deny it. So why use the word ‘beg’?”
The Court was hearing an appeal filed by a wife challenging a previous eviction and possession decree concerning the house she was living in.
Similarly, Justice Krishna S Dixit of the Karnataka High Court recently echoed these sentiments.
Justice Dixit remarked to a lawyer who had used the phrase “begged” to appear before the court,
“Why do you beg? It is your right to appear,”
This shift in language is also symbolic of a larger transformation within the Indian legal system, as it continues to evolve and distance itself from its colonial past.
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The judiciary’s call to abandon such phrases is not just about semantics but about fostering a legal culture that is reflective of India’s independence and its commitment to upholding the rights and dignity of all individuals within the legal system.
In conclusion, the Calcutta High Court’s recommendation to shed colonial-era courtroom expressions like “beg to appear” marks an important step towards modernizing legal practices in India, reinforcing the constitutional rights of lawyers, and promoting a more dignified and independent legal system.