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Bar and Bench Rlt.

The document discusses the relationship between lawyers (bar) and judges (bench). It is important that they respect each other and work together to efficiently administer justice. The bar should respectfully present cases and not influence judges, while judges should impartially hear all sides.

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458 views21 pages

Bar and Bench Rlt.

The document discusses the relationship between lawyers (bar) and judges (bench). It is important that they respect each other and work together to efficiently administer justice. The bar should respectfully present cases and not influence judges, while judges should impartially hear all sides.

Uploaded by

Bidhan Poudyal
Copyright
© © All Rights Reserved
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Bar and Bench Relation

Bijaya K Bhattarai
Roll No.12
The everlasting relation

The Bar and Bench are


two wheels of a chariot
involved in the
dispensation of justice.
Both are supplementary
and complementary to
each other.
Introduction
• The court shall where cases are conducted consists of two parts
namely:
(i) The place where the judges sit is called as Bench
(ii) The place where the Advocate sit is called as Bar.

So the term `Bench’ refers to the Judges and the `Bar’ refers to the
Advocates.
Bar-Bench relation means the cardial relation between the judges and
the Advocates.
Contd.
• If the independent judiciary is the pillar of democracy, the Bar is the
foundation of the independent Judiciary.

• Rendering justice is their joint responsibility. Without the help of


Advocates, it is very difficult for the judges to arrive a correct
decision in a dispute.

• If good relation exists between exists between the judges and


Advocates then delay in rendering justice and high expenses for
getting justice can be very much reduced. It has been rightly said
that justice does not live in the books, it lives with the profession.
What is Bar?
Structurally:
• The term is a metonym for the line (or "bar") that separates
the parts of a courtroom reserved for spectators and those
reserved for participants in a trial such as lawyers.
• The origin of the term bar is from the barring furniture
dividing a medieval European courtroom, for the purpose of
separating lawyers and officers of the court from suitors and
other general public.
Practically:

• By this physical backup of the tradition, Bar is a term given a counsel


or an attorney licensed for and stand to represent the interest of the
party of the lawsuit before a Bench of a court authorized to sit in the
Bar.

• The whole body of advocates collectively called Bar. And a bar


association is a professional body of advocates.
What is Bench?
Structurally:
• The seat of the court occupied by the judges, which is made of wood
or else or a worktable that is used for work.
• The bench is usually an elevated desk area that allows a judge to view
the entire courtroom.
Practically:
• It can simply indicate the location in a courtroom where a judge sits
and the term is used for the judicial officers part of the Court as
distinguished from the Bar in the courtroom.
Role of the Bar in Bar-Bench Relation:
To strengthen the Bar-Bench relation, the Advocates must take the
following steps:
1. They should give the due respect to the judges and they must
avoid speaking ill of the judges and the judiciary.

2. They should help the judges in the trial of the cases by


presenting the relevant law in the correct and clear manner. They
should never act in such away to irritate the judges.
Contd.
3. If the judges pronounces a wrong order, they should not criticize the
judges. They should try to set right the wrong order through appeal.

4. For getting favourable order they should not give pressure or influence
the judges.

5. If the judges behavior is irritating and disrespect to the Advocates


should not enter in to a direct confrontation with the judge. Through the
Bar Association the matter should be discussed with the judge in his
chamber and shall request to avoid such misbehavior.
Role of the Bench in Bar –Bench Relation:
To strengthen the Bar-Bench relation, the Judges must take the
following steps:
1.Judicial Respect: Just like the Advocates are giving respect to the Judges the
Judges should also give to the Advocates and the brethren Judges.
2. Patient Hearing: Judges should hear the case with open and respective mind
without any prejudice or bias. They should act only to the interest of justice.
They should give sufficient opportunity for the Advocates to present the case
in full.
3. Impartiality: Judges should act impartialy. They should not act in favour of
any Advocate or a party to the dispute.
4. Avoidance of Interruptions: As far a possible, Judges must avoid
interruptions while the Advocate is examining witnesses and arguing thecase
Relationship between Bar and Bench:
• Bar and Bench are two arms of the same machinery and unless they work
harmoniously the administration of justice is impossible.
• Bar is a partner with the judiciary in the administration of Justice and Bar-Bench
play vital role in the protection of life, liberty and property of the people.
• But on account of nature of duties to be discharged by advocates and judges,
they may get into dialogues sometimes, humorous, sometimes heated and
sometimes harsh.
• Being the officers of the court the advocates are expected to maintain their duty
towards the court, with a respectful attitude bearing in mind that the dignity of
the judicial office is essential for the survival of the society. A advocate owes a
duty to be fair not only to his client but also to the court as well as to the
opposite party in the conduct of the case.
Contd.
• After consulting the case, advocates prepare themselves with the
existing laws to build their case and structure it and thereby assist the
court to administer the decision in a justifiable way by helping the court
to arrive at a proper decision.
• They will never be able to influence the decision of the court by illegal or
improper means.
• If the courts or judges are not respected the whole administration of
justice of which he is a part will result in the complete death of the rule
of law.
• Thus , the advocates should uphold the dignity and decorum of the
court and should not do anything which brings the court in to dispute.
Contd.
• Justice (Retd) Krishna said that “the Bar first lost its finer values and the
Bench slowly surrendered.
• Division Bench of Allahabad High Court in Yash Pal Singh v. State of U.P.
and Others Writ Petition No. 1160 (S/B) of 2002 has held,
“This institution can function best when both Bar and Bench respect each
other’s purpose and responsibilities. A Bar functions best when its speech
is untrammeled but guided by deep scholarship. A counsel serves the
institution best when knows that it is not his job to win cases by all means
but to assist the Court with all his mastery of facts and law. A Judge serves
the institution best when he does not fear to hear but does not decide out
of fear, when he fears with compassion, but does not decide out of favour.”
In Nepalese Context:
• In Nepal the relationship between the ‘Bar’ and the ‘Bench’ refers to the
relationship between the lawyers in practice of law, and the judges.
• The breach of such duties is taken as professional misconduct and it is
punished in accordance with provision of code of conduct of Legal
Practitioners 2051(1994).
• Many duties of the advocate to the court have been codified by the Nepal
Bar Council.
• The uncourteous conduct or misconduct of a lawyer or judge may amount
to contempt of Court, there are two Types of Contempt of Court. for
example, using insulting language against a judge or threatening him with
transfer or impeachment or addressing the judge in a loose manner or
questioning his authority to ask questions or making scandalous allegations
against a judge etc. It amounts to contempt of Court.
Contd.
• The Code of Conduct for Legal Practitioners, 2051, 3(j) states, A legal
practitioner
-shall show due respect to the Bench and opposing Counsel
-shall treat with courtesy to the officers/staffs of the Court

• Unfortunately, it has many seen and unseen effects that the Political
division has divided Bar brutally and formation of Lawyers’
Association has defeated the purpose of Nepal Bar Association role in
Justice administration in Nepal.
Case laws defining relationship between
Bar and Bench
• Supreme Court of India, P.D. Gupta vs Ram Murti & AIR on 8 July,
1997
An advocate should be fair not only towards his client but also towards the court as
well as towards the opposite party of the case. The process of administration of
justice has to be kept clean and uncorrupted. The Administration of justice not only
concerns the Bench, it concerns both the Bench and the Bar. The principal ground
for recruiting judges is the Bar, both the judges and the advocates complement
each other. The main duty of an Advocate is to present the case in court by
informing the court about the law and the facts of the case and to help the court in
arising at the conclusion of the case. For good administration of justice, an advocate
shall possess good advocacy skills, so that he can put forward the case in court
properly and not get interrupted by the judge unless the interruption is necessary.
• THE HIGH COURT OF LAHORE Decided On: 14.09.1942, Mahant
Hakumat Rai Vs. Emperor
An advocate can claim their right to be heard by the court before which
they are practicing while performing their duty they shall be fearless
and independent, and also they have the right to protest against any
irregular procedure done by any judge. He would be perfectly right in
asking for getting a proper hearing and objecting to any interruption
made by the judge in order to disturb him while he is arguing the case
in court and performing his duty towards the client. However, the
presence of professional etiquette coupled with the recognition by the
judiciary will help in reducing the conflicts between the Bar and Bench.
Conclusion:
• An independent and fearless Bar is not preferred over an independent
Bench, similarly, an independent Bench is also not preferred over an
independent and fearless Bar, neither of them is superior over the other,
both are essential for a free society.
• The freedom given to the Bar requires an independent judiciary, through
which if necessary the freedom that is given to the Bar, be vindicated.
• A well-behaved, responsible, cultured, and a leaned Bar is one of the
potent means for assuring judges their independence. Finally, the keystone
for the smooth functioning of the courts in the general interest of the
society is the reciprocal adjustment conducted by the Bar and the Bench.
At last not at least,
• J.S Jadhav V. Mustafa Mohamad Yusuf, AIR 1993
Advocacy is not a craft but a calling; a profession wherein devotion to
duty constitutes the hallmark. Sincerity of performance and the
earnestness of endeavor are the two wings that will bare aloft the
advocate to the tower of success. Given these virtues other
qualifications will follow of their own account. This is the reason why
the legal profession is regarded as a noble one.
References:
• Role of bench and bar by Justice MIRZA HAMEEDULLAH BEG
• Bar and bench relation article by Justice CHINWEIYIZOBA JCA
• https://
www.srdlawnotes.com/2017/09/concept-and-role-of-bar-bench-relati
on.html
• https://
www.slideshare.net/valechakaran/relationship-between-bar-and-benc
h
• Code of conduct of Legal Practitioners 2051(1994)
• THE HIGH COURT OF LAHORE Decided On: 14.09.1942, Mahant
Hakumat Rai Vs. Emperor
• Supreme Court of India, P.D. Gupta vs Ram Murti & Anr on 8 July, 1997

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