In the profession of law, the judges of the honourable courts are considered as god that is lordship respecting the honourable judges is one of the important parts of law profession. The concept of court room came from England which was started at the time of King Henry 4 which was known as the royal court of England. Traditionally, the theory is the rising for the judge is respect for the court. “In the old, old days of England’s royal courts, the judge entered carrying a Bible, thought to be the very law itself. So, people stood to honor the Bible and show respect for the king or queen and for the man personifying it now which is almost same today.
The rising to the judge brings the court to order and it is just for symbolic purposes, it does show the heightened status of the judge. At the end of the day, the judge is the one calling the shot so it is symbolically important for everyone to make a showing of deference at the outset of the proceedings. Standing when the judge enters the court room is a sign of respect towards not only the judge but also to that position and the court procedure and belief of the people in the justice of the court.
Judges play an important role in the court room like Interpret laws and issue orders, orders to force policemen to behave properly and follow rules etc. So indeed, judges’ maybe just public servants, but they are so with a great deal of authority and are given that authority via the laws of the land.
In India whenever the judge arrives in the court room people, advocates, litigants stand in order to show respect towards the judge and whenever they leave the court room they bow down towards the judge respecting him and leave the court room premises it is basically and more importantly respect to the guardians that are judges who guard the constitution of India.
In one of the America case law it has been stated that the people settle their legal differences in the respectful court of law so when the judge enters the court room the people stand in order to show respect and obedience towards not only to the judge appointed to uphold the law but also towards the law itself.
When people enter and exit the courtroom, it is customary to acknowledge respect for the laws of the land, the court and its judiciary. This is simply a matter of pausing briefly at the door and bowing towards the judge. When a Judicial officer (Justice / Judge / Master / Commissioner / Magistrate) enters or leaves the courtroom, it is customary to stand and bow and remain standing until the Judicial Officer has departed. The Judicial Officer is in charge of the courtroom and may order the removal of anybody who misbehaves or is dressed inappropriately. One of the principles of most modern legal systems is the ‘rule of law’, meaning that even the rulers of the nation are beneath the law. Judges are the representation of that law, and in a sense sit above rulers just like in country like India where the Supreme Court has the power to quash down any law which has been made and passed by the Parliament which proves that judges are above the rulers and need to be respected. The regal appearance of the judiciary is important to maintain the appearance of authority, and thus authority itself. The judiciary is considered to be one of the most important branches of government and upholding that authority is vital, particularly when dealing with the executive branch such as public law or judicial review. In order to be effective the judge needs to hold authority in the courtroom to prevent disorder and contempt; this is why they dress in gowns, their bench is overlooking the courtroom, have a gavel etc. These are institutional conventions and customs, so ingrained in the institution itself that nobody really even questions it, as that is all they have known since birth. Judge have the power to punish anyone who does maintain the dignity and respect of the judge and court of flaw and may accuse of contempt of the court.
Judges are like lords in law profession when acting in their official capacities presiding over a trial, signing search warrants etc. because, to the people with whom they interact in that judgeship capacity, they are the final authority (whether lawyer, jury, defendant, complainant, jury, peace officer, etc.), having the power to grant, deny, sustain, overrule, hear, not hear, sign, not sign, etc. So it is required to respect the judge whenever the judge enters the courtroom.
This article is authored by Siddhartha Gupta, student of LLB at Mumbai University.