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Bar Bench

The Bar refers to the collective body of licensed attorneys, while the Bench refers to the collective body of judges. The Bar and Bench play important roles in the administration of justice. Judges hold immense power over citizens' lives and liberties through their rulings. Advocates assist the court by collecting case materials to help the court arrive at correct judgments. Bar-Bench relations require mutual respect since advocates and judges are complementary and belong to the same legal community. However, heated dialogues may occasionally occur due to the different natures of their duties, so both sides must uphold the dignity of the judiciary.

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Rahim Ali
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0% found this document useful (0 votes)
61 views

Bar Bench

The Bar refers to the collective body of licensed attorneys, while the Bench refers to the collective body of judges. The Bar and Bench play important roles in the administration of justice. Judges hold immense power over citizens' lives and liberties through their rulings. Advocates assist the court by collecting case materials to help the court arrive at correct judgments. Bar-Bench relations require mutual respect since advocates and judges are complementary and belong to the same legal community. However, heated dialogues may occasionally occur due to the different natures of their duties, so both sides must uphold the dignity of the judiciary.

Uploaded by

Rahim Ali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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(i) Bar :

Advocates are enrolled by the State Bar Council as such, on getting L.L.B degree from a University
and getting a certain training under some advocate as prescribed by rules. The advocates are known as
the ‘Bar’ as a whole body of advocates and an advocate represents the Bar. In short, Bar is a collective
term for the attorneys who are licensed to practice in the Courts, or a particular court, of any state.

(ii) Bench :

Bench means all the judges taken together as distinguished from the ‘Bar’ the name for all the
members of the legal profession-bench is that part of the court considered in its official capacity, while
the judges are sitting. The earlier meaning of Bar contained the part of Bench also at the present term
‘Bar’ is applied for the attorneys part of the court and the term is used for the judicial officers part of the
Court.

2) Role of Bar Bench in Administration of Justice 

         The Bar and Bench play important role in the administration of justice. According to
Justice C.L. Anand, there is no office in the State of such power as that of the Judge. Judges hold
power which is immensely greater than that of any other functionary. The common people's life,
and liberty, personal domestic happiness, property, and reputation subject to the wisdom of the
judges and hang citizens on their decisions. If  Judicial power becomes corrupt no security is left
of life, liberty expires, there no guarantee is left of personal or domestic happiness. A strong
powerful, impartial active and the capable judiciary is the greatest need of a State. On the
account of the importance of the judges in the maintenance of the orderly society, judges should
perform their duties.

Like Judges, Advocates also plays important role in the administration of Justice. Advocates are officers
of the Court, they are expected to assist the Court in the Administration of Justice. Advocates collect
materials relating to the case and thereby assist the Court in arriving at a (conclusion)correct judgment.
An advocate is a partner with the judiciary in the administration of Justice

3) Bar-Bench Relations:

      Administration of Justice is not something which concerns Bench only. It concerns the Bar
also. Mutual respect is necessary for the maintenance of the cordial relations between the Bar
and Bench. Advocates and Judges are complementary to each other. Bar is the Principal ground
for recruiting Judges. So they both belong to the same community. ar and Bench should maintain
cordial relations with each other. 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.

      Scandalising of the court by an advocate is really polluting the very foundation of justice and
such conduct by an advocate brings disrepute to the whole administration of justice. 
  The attitude of an Advocate towards the Court should be one of the uniform respect, whatever
the status of the Court. Advocates Private opinion about the Presiding officer, he must not show
in its behavior because he has to uphold the dignity of the judiciary as an institution. At the same,
it is equally the duty of the judiciary not only to be polite towards the members of the Bar but to
do everything possible to advance ints high traditions.  
  
     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. He is liable for his uncourteous act and punishable
for such contempt of Court. The punishment for contempt of Court is intended to protect the
public confidence in the system of Administration of Justice

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