Understanding Dress Code for National Company Law Tribunal (NCLT): A Legal Framework Analysis

 

Introduction to the National Company Law Tribunal

The National Company Law Tribunal was established under Section 408 of the Companies Act, 2013, and became operational on June 1, 2016[1]. This quasi-judicial body was created to address the growing need for a specialized forum to handle corporate disputes, insolvency matters, and various company law issues that previously fell under the jurisdiction of multiple forums including the Company Law Board and the Board for Industrial and Financial Reconstruction. The tribunal consists of a President along with judicial and technical members appointed by the Central Government, functioning through its principal bench in New Delhi and multiple regional benches across India.

The jurisdiction of this tribunal extends to matters involving corporate insolvency resolution processes under the Insolvency and Bankruptcy Code of 2016, disputes related to mergers and acquisitions, oppression and mismanagement cases, winding up proceedings, and various other corporate governance issues. Given the serious nature of proceedings before this specialized tribunal, the question of appropriate dress code for various participants has emerged as a matter requiring careful regulatory attention.

Historical Context of Dress Codes in Indian Courts

The tradition of formal attire in Indian courts has deep historical roots, primarily influenced by the British legal system. The formal black and white dress worn by legal professionals today represents more than just an aesthetic choice; it embodies the solemnity, dignity, and respect that judicial proceedings demand. This tradition has been codified through various rules and regulations over the years, ensuring uniformity and maintaining the decorum that befits the administration of justice.

In India, the regulation of dress codes for legal professionals falls primarily under the Advocates Act of 1961, which empowers the Bar Council of India to prescribe standards for professional conduct including appropriate attire. The Act recognizes that appearance before courts and tribunals requires a certain level of formality that distinguishes legal proceedings from ordinary gatherings. This formality serves multiple purposes: it demonstrates respect for the institution, maintains professional standards, creates an appropriate atmosphere for justice delivery, and reinforces the seriousness of the proceedings.

Legislative Framework Governing NCLT Dress Code

The dress code for the National Company Law Tribunal (NCLT) operates within a carefully structured legislative framework. The Companies Act of 2013 provides the foundational authority for the tribunal’s establishment and functioning, while the National Company Law Tribunal Rules of 2016 elaborate on procedural and administrative matters. The Order dated January 27, 2023, issued by the tribunal’s Registrar, represents the most recent codification of dress code requirements for various participants in tribunal proceedings[2].

This order was issued in supersession of previous orders dated August 2, 2016, and November 14, 2017, demonstrating the tribunal’s evolving approach to regulating courtroom decorum. The legal basis for this regulation draws from Rule 16(f) of the NCLT Rules 2016, which deals with administrative powers of the President, and Section 402 of the Companies Act 2013, read alongside Rules 51 and 124 of the NCLT Rules 2016. However, the scope and validity of these provisions in prescribing dress codes, particularly for advocates, has been subject to judicial scrutiny.

Prescribed Dress Code for President and Members

The January 27, 2023 order establishes specific attire requirements for the President and Members of the tribunal. For male members, the prescribed dress consists of long trousers in white, black, black striped, or grey color, paired with a white shirt and collar band, accompanied by either a black coat or a buttoned-up black coat. The option to wear national dress is also provided, maintaining flexibility while ensuring formality.

For female Presidents and Members, the dress code specifies sober-colored sarees or national dress, paired with a collar band and either a black coat or buttoned-up black coat. This gender-differentiated approach recognizes cultural diversity while maintaining the formal character of tribunal proceedings. The emphasis on sober colors and traditional professional attire reflects the tribunal’s intention to maintain an atmosphere of gravity and seriousness appropriate to its judicial functions.

Dress Code Requirements for Legal Practitioners

The regulation of dress codes for legal practitioners appearing before the tribunal involves a complex interplay between tribunal rules and professional regulations. The January 27, 2023 order states that dress code for legal practitioners shall be as per the code prescribed under the Bar Council of India Rules under Section 49(1)(gg) of the Advocates Act, 1961[3]. This provision represents a significant acknowledgment of the Bar Council’s primary authority in regulating advocate conduct.

Section 49(1)(gg) of the Advocates Act specifically empowers the Bar Council of India to prescribe “the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal.” The Bar Council of India has prescribed that advocates appearing before various courts and tribunals shall wear either a black buttoned-up coat, chapkan, achkan, or black sherwani with white bands and advocate’s gowns, or alternatively, a black open breast coat with white collar (stiff or soft) and white bands with advocate’s gowns. Long trousers in white, black, striped, or grey colors, or dhoti, are prescribed as lower garments, specifically excluding jeans. Female advocates are required to wear black full-sleeve jackets or blouses with white collar and white bands along with advocate’s gowns, paired with either saris or salwar kameez in sober colors.

The rules also provide that in courts other than the Supreme Court, High Courts, District Courts, Sessions Courts, or City Civil Courts, a black tie may be worn instead of bands. This provision recognizes practical considerations while maintaining professional standards.

Attire Standards for Authorized Representatives

The dress code order extends beyond legal practitioners to cover authorized representatives, including Chartered Accountants, Company Secretaries, and Cost Accountants who appear before the tribunal. These professionals are directed to appear in their professional dress if any is prescribed under their respective codes of conduct. In the absence of specific professional dress codes, male members of these professions are required to wear sober-colored dress or national dress with a buttoned-up coat, or a coat with a tie.

For female authorized representatives from these professions, the prescribed attire includes sober-colored sarees or formal national dress, with suits or buttoned-up coats being optional. This framework recognizes that different professional bodies may have their own standards while providing default guidelines to ensure appropriate formal attire in tribunal proceedings.

Dress Requirements for Insolvency Professionals

The order also addresses the attire requirements for Insolvency Resolution Professionals, Resolution Professionals, and Liquidators who play crucial roles in corporate insolvency proceedings under the tribunal’s jurisdiction. For male professionals in these categories, the dress code requires sober-colored dress or national dress, with a suit or buttoned-up coat and tie. Female insolvency professionals are required to wear sober-colored sarees or national dress, with suits or buttoned-up coats remaining optional.

These requirements reflect the tribunal’s recognition that insolvency professionals, while not advocates, perform significant functions before the tribunal and must maintain appropriate professional appearance. The slightly less formal requirements compared to advocates acknowledge their different professional status while still ensuring courtroom decorum.

Guidelines for Parties Appearing in Person

The dress code order also addresses parties who appear before the tribunal without legal representation. Such individuals are directed to be properly dressed in any national dress and in sober colors. This requirement, while less specific than those for professionals, maintains the principle that all participants in tribunal proceedings must present themselves appropriately.

The emphasis on sober colors and proper national dress provides flexibility for self-represented parties who may not be familiar with legal customs while ensuring that the dignity of proceedings is maintained. This balance is important given that many parties in corporate disputes may be business persons or company representatives who, while familiar with formal business attire, may not be aware of specific courtroom conventions.

Judicial Scrutiny: The R. Rajesh Case

The validity and scope of the tribunal’s authority to prescribe dress codes, particularly for advocates, came under judicial examination in the case of R. Rajesh v. Union of India, decided by the Madras High Court on February 8, 2023[4]. This case arose from a challenge to the NCLT’s order dated November 14, 2017, which had directed advocates to wear gowns in addition to the existing dress code while appearing before the tribunal.

The petitioner, an advocate practicing before the tribunal, filed a public interest litigation arguing that the tribunal lacked jurisdiction to impose dress code requirements on advocates, as this power was vested exclusively in the Bar Council of India under the Advocates Act of 1961. The Madras High Court, through a division bench consisting of Justice R. Mahadevan and Justice Mohammed Shaffiq, examined whether statutory provisions had conferred such powers on the tribunal.

The court observed that Section 34 of the Advocates Act specifically grants High Courts the power to frame rules for dress codes for advocates appearing before them and subordinate courts. The judgment emphasized that wearing of gowns is mandatory only when advocates appear before the Supreme Court or High Courts, and remains optional in other courts and tribunals. The court found that the powers prescribed under Rule 51 of the NCLT Rules 2016 were merely for discharging functions as per the Act in accordance with principles of natural justice and equity, and could not be construed to include power to prescribe dress codes contrary to Bar Council of India Rules[5].

The High Court noted that during the pendency of proceedings, the tribunal had issued fresh proceedings dated January 27, 2023, modifying its earlier order to align with Bar Council of India Rules. However, the court still quashed the original November 2017 order on the basis of its reasoning, holding it to be without authority and illegal. The judgment clarified that tribunals have no authority to issue instructions on dress codes for advocates appearing before them, as this power is vested in the Bar Council of India and High Courts.

Regulatory Authority and Jurisdictional Boundaries

The R. Rajesh judgment established important principles regarding the boundaries of regulatory authority over professional conduct. The case underscored that the Advocates Act creates a specific regulatory framework where the Bar Council of India, as the apex professional body for advocates, holds primary authority over professional standards including dress codes. This authority is supplemented by High Courts’ power under Section 34 of the Advocates Act to frame rules for courts and tribunals subordinate to them.

The judgment referenced precedent from the Supreme Court in Harish Uppal v. Union of India, which held that Section 34 of the Advocates Act gives High Courts the power to frame rules, including rules on dress code, and such rules would be valid and binding on everyone. Similarly, the Allahabad High Court in Prayag Das v. Civil Judge, Bulandshahr held that the High Court is the appropriate authority to make rules for dress codes and that subordinate authorities have no jurisdiction to pass orders imposing dress codes[6].

These judicial pronouncements establish a clear hierarchy of authority: the Bar Council of India holds primary regulatory power over advocate conduct nationwide, High Courts can frame rules for their own courts and subordinate jurisdictions, and tribunals must respect this framework rather than attempting to independently regulate advocate dress codes. This delineation of powers ensures uniformity in professional standards while preventing jurisdictional conflicts.

Contemporary Application and Compliance

Following the Madras High Court judgment, the NCLT’s January 27, 2023 order represents a recalibrated approach that acknowledges the primacy of Bar Council of India regulations for legal practitioners. By explicitly stating that dress code for legal practitioners shall be as per Bar Council rules, the tribunal has aligned itself with the judicial pronouncement on jurisdictional boundaries.

For practitioners appearing before the tribunal, this means compliance with Bar Council of India dress code requirements as prescribed under the Advocates Act. The tribunal’s order for other participants—including its own members, authorized representatives, insolvency professionals, and parties in person—remains valid and enforceable, as these categories fall within the tribunal’s administrative and regulatory authority. The distinction between regulating advocate conduct (which requires Bar Council authority) and regulating other tribunal participants (which falls within tribunal’s administrative powers) has been clearly established.

Practical Implications for Tribunal Participants

The dress code framework has several practical implications for various participants in tribunal proceedings. Advocates must ensure they comply with Bar Council of India standards, which means wearing prescribed formal attire including black coats and white bands or ties as appropriate. The option to wear gowns exists but is not mandatory before the tribunal, unlike before High Courts and the Supreme Court. Authorized representatives from accounting and company secretarial professions should verify if their professional bodies have prescribed specific dress codes and comply accordingly, or follow the default formal attire requirements specified in the tribunal order.

Insolvency professionals should recognize that their appearance before the tribunal requires formal business attire as specified, reflecting the professional nature of their role in insolvency proceedings. Parties appearing in person should ensure they are dressed in proper formal or national dress in sober colors, demonstrating respect for the proceedings even without professional representation. The tribunal’s administrative staff and registry maintain discretion to determine whether attire meets prescribed standards, and participants who fail to comply may face embarrassment or adjournment of matters.

Cultural and Professional Significance

Beyond mere regulatory compliance, the dress code framework embodies deeper cultural and professional values. The formal attire required in tribunal proceedings serves as a visible manifestation of the respect accorded to judicial institutions and the rule of law. It creates a psychological boundary between ordinary social interactions and formal legal proceedings, helping participants recognize the gravity of matters being adjudicated.

The allowance for national dress alongside Western formal attire represents an acknowledgment of India’s cultural diversity while maintaining professional standards. This balance is particularly important in a country with rich cultural traditions, ensuring that formality need not mean abandoning cultural identity. The emphasis on sober colors across all categories of participants reinforces the principle that tribunal proceedings are serious affairs requiring dignified presentation, distinct from casual or festive occasions.

Comparative Analysis with Other Tribunals

The dress code framework for the tribunal can be understood better through comparison with other judicial and quasi-judicial bodies. The National Company Law Appellate Tribunal, being the appellate forum for the tribunal, follows similar principles regarding dress codes, maintaining consistency in professional standards across the corporate adjudication framework. Other tribunals such as the Debt Recovery Tribunal, Securities Appellate Tribunal, and various service tribunals also maintain formal dress codes, though specific requirements may vary.

The principle established in R. Rajesh applies equally to these forums: while tribunals have administrative authority to regulate dress codes for non-advocate participants, they cannot override Bar Council of India regulations for advocates. This ensures national uniformity in advocate conduct standards while allowing tribunals to maintain appropriate decorum through regulations for other participants.

Future Directions and Recommendations

The evolution of dress code regulations for the NCLT reflects broader questions about balancing institutional dignity with practical considerations and professional autonomy. Going forward, clarity in regulatory frameworks will benefit from explicit acknowledgment of jurisdictional boundaries, ensuring tribunals do not inadvertently encroach upon Bar Council authority. Greater coordination between the Bar Council of India, tribunals, and High Courts could help develop harmonized standards that respect jurisdictional boundaries while ensuring consistency.

The tribunal could benefit from issuing periodic clarifications or guidance notes explaining dress code requirements to first-time participants, particularly parties in person who may be unfamiliar with formal courtroom conventions. Educational initiatives by professional bodies such as the Bar Council and the Institute of Insolvency Professionals could help ensure members understand applicable standards. Additionally, while maintaining formal standards, tribunals might consider practical accommodations such as providing robing rooms or facilities for participants to change into appropriate attire if they arrive unprepared.

Conclusion

The dress code framework for the National Company Law Tribunal (NCLT) represents a carefully balanced approach to maintaining institutional dignity while respecting professional autonomy and cultural diversity. The tribunal’s January 27, 2023 order, as interpreted through the lens of the R. Rajesh judgment, establishes clear guidelines for various participants while acknowledging the Bar Council of India’s primary authority over advocate conduct.

This framework serves multiple important functions: maintaining respect for judicial proceedings, creating appropriate atmosphere for justice delivery, ensuring professional standards, and reinforcing the seriousness of corporate dispute resolution. The judicial clarification provided by the Madras High Court has helped delineate jurisdictional boundaries, ensuring tribunals exercise their administrative powers within appropriate limits while professional regulatory bodies maintain their statutory authority. As the tribunal continues to play an increasingly important role in India’s corporate governance landscape, adherence to these dress code standards will remain an important aspect of maintaining its institutional integrity and professional character. Participants before the tribunal must understand and comply with applicable requirements, recognizing that appropriate attire is not merely a formality but an essential component of the respect owed to the institution of justice and the rule of law.

References

[1] National Company Law Tribunal. (n.d.). About NCLT. Government of India. https://nclt.gov.in/about-nclt 

[2] National Company Law Tribunal. (2023, January 27). Order – Dress Code. https://nclt.gov.in/order-dated-2712023-dress-code 

[3] Government of India. (1961). The Advocates Act, 1961 – Section 49. India Code. https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_46_00001_196125_1517807320172&sectionId=14693&sectionno=49&orderno=63 

[4] R. Rajesh v. Union of India and Others, W.P. No. 31852 of 2017 (Madras High Court 2023). https://www.livelaw.in/news-updates/madras-high-court-quashed-nclt-order-mandating-advocates-to-wear-gown-only-high-court-can-frame-rules-prescribing-dress-code-221042 

[5] Taxmann. (2023, February 13). Tribunals have no power to prescribe instructions on dress code of Advocates: HC. https://www.taxmann.com/post/blog/tribunals-have-no-power-to-prescribe-instructions-on-dress-code-of-advocates-hc/ 

[6] TaxTMI. (2023, February 17). Dress Code for Advocates to Appear Before NCLT. https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=11121 

[7] Bar Council of India. (n.d.). BCI Rules. https://www.barcouncilofindia.org/info/bci-rules 

[8] Government of India. (2013). The Companies Act, 2013 – Section 408. India Code. https://www.indiacode.nic.in/show-data?actid=AC_CEN_22_29_00008_201318_1517807327856&sectionId=49303&sectionno=408&orderno=460 

[9] LiveLaw. (2023, January 31). NCLT Prescribes Dress Code For Members, Lawyers, RP, Authorized Representative & Parties In Person. https://www.livelaw.in/amp/news-updates/nclt-prescribes-dress-code-for-members-lawyers-rp-authorized-representative-parties-in-person-220331 

Authorized and Published by Dhruvil Kanabar