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Bar and Bench Relations

The document discusses the relationship between the bar (advocates) and the bench (judges). It defines the bar as lawyers licensed to practice law, and the bench as referring collectively to judges. It says their relationship is based on mutual respect and ensures the efficient functioning of the legal system. It also outlines several obligations lawyers have towards the judiciary, such as maintaining dignity and respect in court, not influencing decisions through improper means, and restraining clients from unfair practices.

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Prince Raj
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126 views

Bar and Bench Relations

The document discusses the relationship between the bar (advocates) and the bench (judges). It defines the bar as lawyers licensed to practice law, and the bench as referring collectively to judges. It says their relationship is based on mutual respect and ensures the efficient functioning of the legal system. It also outlines several obligations lawyers have towards the judiciary, such as maintaining dignity and respect in court, not influencing decisions through improper means, and restraining clients from unfair practices.

Uploaded by

Prince Raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1. What is bar and bench?

Bar: The term ‘Bar’ is a collective reference to advocates who are enrolled with a Bar Council
and are licensed to practice the profession of law in the courts of any state.

Bench: The term ‘Bench’ refers to all the Judges taken together. It is generally used to refer to
the functioning of a Court in its official capacity, i.e., when judges are sitting to hear a legal
matter.

Relationship between the two: based on mutual respect and norms of cordiality. An efficient
working of the administration of justice is based on the harmonious working of the Bar and the
Bench. The Supreme Court has in a series of judgments highlighted the inter-relationship of the
bar and bench as two spokes of the same wheel which are dependent on each other for the
purpose of ensuring the efficient working of the legal system. Mutual respect and trust is
necessary to ensure that the common citizens are the beneficiary of the judicial services.

Case- Re Vinay Chandra Mishra AIR 1995 SC 2348: SC observed: “An advocate need not be
subservient to the Court while presenting his case and not to put forward his arguments merely
because the Court is against him. But he has to put forth his efforts to persuade the Court. Even
then, if the Court is against him he should not be discourteous to the Court, or to fling hot words
or epithets or use disrespectful, derogatory or threatening language or exhibit temper which has
the effect of overbearing the Court.”

2. Obligations of lawyers towards the judiciary:


 If the rule of law is to have any meaning and content at all, the authority of the
court, or a statutory authority and the confidence of the public in them should not
be allowed to be shaken, diluted or undermined.
 Courts of justice, tribunals included, from the lowest to the highest, exercise
judicial functions, and by virtue of their constitution, entrusted with functions
directly connected to the administration of justice. Thus, the expectations and
confidence of the people who have, or are likely to have business in the court or
tribunal should be maintained, in order for the Court/Tribunal to perform their
functions on a higher level of rectitude without fear or favour, affection or ill-will.
 The Advocates Act, 1961, expressly demands that lawyers must always act in a
manner befitting his status as an officer of the Court. Part IV of the BCI Rules
dealing with the Rules Governing Advocates, lays down in Chapter II Section I,
the duties of the advocates towards the Court, which are:
a) An advocate shall, during the presentation of his case and while otherwise
acting before a court, conduct himself with dignity and self-respect.
b) He shall not be servile and whenever there is proper ground for serious
complaint against a judicial officer, it shall be his right and duty to submit his
grievance to proper authorities.
c) An advocate shall maintain towards the courts a respectful attitude, bearing in
mind that the dignity of the judicial office is essential for the survival of a free
community.
d) An advocate shall not influence the decision of a court by any illegal or
improper means. Private communication with a judge relating to a pending
case are forbidden.
e) An advocate shall use his best efforts to restrain and prevent his client from
resorting to sharp and unfair practices or from doing anything in relation to
the court, opposing counsel or parties which the advocates himself ought not
to do.
f) An advocate shall not consider himself a mere mouth-piece of the client, and
shall exercise his own judgment in the use of restrained language in
correspondence, avoiding scurrilious attacks in pleadings and using
intemperate language during arguments in court.
g) An advocate shall appear in court at all times only in the prescribed dress, and
his appearances shall always be presentable.
h) An advocate shall not enter appearance, act, plead or practice in any way
before a court, tribunal or authority mentioned in Section 30 of the Act, if the
sole or any member thereof is related to the advocate.
i) An advocate shall not wear bands or gowns in public places other than in
courts except on such ceremonial occasions and at such places as the BCI or
the court may prescribe.
j) An advocate shall not appear in or before any court or tribunal or any other
authority for or against an organisation or an institution, society or corporation
if he is a member of the Executive Committee of such organisation or an
institution, society or corporation
k) An advocate should not act or plead in any manner in which he is himself
pecuniarily interested.
l) An advocate shall not stand as a surety, or certify the soundness of a surety for
his client required for the purpose of any legal proceedings.

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