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Bench-Bar Relationship

The Bench and Bar occupy significant role in the administration of the Justice. Its wide purpose throughout ha

been to recognize all those goals which are labeled Justice. The judges administer the law with the assistance

the lawyers. The Lawyers are officers of the court as affirmed by the Apex Court in L.M Das v/s Advocate Gener

that they are likely to accommodate the court in the administration.

Meaning of Bar & Bench:

Bar: Bar means a faction or association of Lawyers or Advocates. When used in relation to court, it means

lawyers, Advocates, Lawyer or where Lawyers assemble in the court or in court complex.

Bench: Bench signifies Judges, the Judge in the court or where Judge sits in the court or in court complex.

Duty of Lawyers or Advocates toward Bench:

Essentially duty of the lawyers or Advocates is to collect material relating to the case and thus

assist the court in arriving at accurate judgement, so Justice to be given to the aggrieved party. The Legal

Profession has not been formed for private gain but it is created for public good and to serve the humanity in

enhanced manner. Lawyers or Advocates are limb of the administration of justice. Alone Bench or Bar cannot

provide justice to the society.

Since the lawyers or Advocates are officers of the Court, it is their duty to maintain respectful

attitude towards the Court and at the same time to it is the duty of the lawyers to maintain the dignity of the

judicial officer in the court room and among general public. Any lawyer or Advocate should not adopt any

improper or illegal mean to influence the decision of the Court and it is the duty of the lawyer, to restrain and

prevent his/her client from practicing any unfair mean in relation to the Court.

An Advocate or lawyer should always implement his/her own judgement in relation to the

case, when dealing in the court. He/She should not consider himself/herself sheer spokesperson or mouthpiec

of the client. Any Advocate or lawyer should not use restrained language in the Court and at the same time

lawyers should not use immoderate language during arguments in the court with the fellow lawyer or with

judicial officer.

It is the duty of the Advocate to make correct statement of facts & circumstances of the

case and one should not twist them and present them in the court. An Advocate or lawyer should not misguide

the court about the real facts of the case. An Advocate or lawyer is under compulsion to be absolutely fair to th

court, because Court acts on the statements of the advocates.

An Advocate or lawyer should always have in mind that he is an officer of the court and

branch of the administration of justice. If the Courts or Judges are not respected, the entire administration of

justice, of which he is a part, will result in the entire loss of the rule of law. Many duties of the lawyers to the

Court have been categorized by the Bar Council of India, The violation of such duties is taken as professional

misconduct and is punished in accordance with the provisions of the Advocates Act, 1961.

Duty of Bench:

In the maintenance of rule of law, which is essential for the existence of orderly society, th

Judges play vital role in the maintenance of rule of law. According to Mr. C.L. Anand, that there is no office in th

state of such power as that of the judge. Judges hold power which is immensely greater that of any other

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functionary.

A Judge must do everything for justice, in unbiased way; A Judge should not be prejudiced

by any mean other than authority of law & Justice. Every Judge must discharge his duties with no fear, favour o

any ill- will manner. A Judge should always own calm manner. A Judge should always have in mind the statemen

of George Sharswood, that where passion is allowed to prevail, the judgement is dethroned.

A Judge should always provide complete opportunity to the advocate or party to present hcase. A Judge should avoid irregular interruption in the Counsels arguments. As published in the book Legal

Ethics by Dr. Kailash Rai, According to the Role of the Bar in the Process of Elevation, A.I.R. 2003 Journal 357,

Justice R.J. Kochar has observed:

If the independent judiciary is the pillar of democracy, the Bar is the

foundation of the independent Judiciary. The Bar is the mother of the Bench and the bright mirror of the Judicia

Officers whose image, character and conduct is correctly and visibly reflected therein, and it is for the Bench to

nurse and nourish the merits of the Bar.

It is the right of the counsel to present the case in the Court and counsel should be given

reasonable opportunity and it is the duty of the Judge to respect its privilege. Judge should always respectadvocate or lawyer and should not be harsh in the court. A Judge should always avoid interruption at the time

when counsel is doing arguments and in the examination of witnesses. A Judge should always interrupt only to

avoid irrelevancy and repetition of the facts.

As published in the book Legal Ethics by Dr. Kailash Rai, Apex Court has observed in the

case of P.D. Gupta v/s Ram Murti, AIR 1998 SC 283, that administration of justice is stream which has to be kept

unpolluted. Administration of justice is not something which concerns the Bench only. It concerns the Bar as

well. Bar is the principal ground for recruiting Judges. No one should be able to raise a finger about the conduc

of the lawyer. Actually Judges and lawyers are complementary to each other. The primary duty of the lawyer is

inform the Court as to the law and facts of the case and to aid the Court to do justice by arriving at the correct

conclusions. Good and Strong advocacy by the counsel is necessary for the good administration of justice.

Consequently the counsel must have freedom to present his case fully and properly and should not be

interrupted by the Judges, unless the interruption is necessary.

In another case Hukumat Rai v/s The Crown, AIR 1943 Lah 14, the court has observed, that

lawyer should always conduct himself properly in a court of law and exert his least at all times to maintain the

dignity of the Court but the Court has also a reciprocal duty to perform and should not only be discourteous to

lawyer but also should try to maintain the lawyers respect in the eyes of his clients and the general public with

whom he has to deal in his professional capacity.

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