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Bar Bench Relation

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Bidhan Poudyal
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121 views

Bar Bench Relation

Uploaded by

Bidhan Poudyal
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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Bar Bench Relation

The body of persons which operates the machinery through which justice is administered,
composed mainly of the Judges and the Advocates who help them in discharging their difficult
duties, has existed and functioned both in ancient and modern times. Its broad purpose
throughout has been to realize all those goals which are labeled "Justice" according to the law
which has to be administered in a society whether it is ancient or modern, capitalistic or
socialistic, feudal or industrial.

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.
The Lawyers are also the officers of the court. They are expected to assist the court in the
administration of justice. Being the officers of the court the lawyers are expected to main 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.

After consulting the case, lawyers 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.

During the presentation of the case as well as while arguing, the lawyers are required to behave
with dignity and respect towards the bench. 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 Lawyers should uphold the dignity and decorum of the court and should not do
anything which brings the court in to dispute. Many duties of the Lawyer to the court have
been codified by the Nepal Bar Council. The breach of such duties is taken as professional
misconduct and it is punished in accordance with provision of professional conduct of lawyer
2051(1994). Actually self-restraint and respectful attitude in the court, presentation of correct
facts and law with a balanced mind and without overstatement, suppression, distortion or
embellishment are the requisites of good advocacy.

The statement of the lawyers influence the court, so they have a clear moral and legal obligation
to be sober, fair and cordial in their dealing with the court . It does not mean that the lawyers
could be subjected to the improper behavior by the bench or the judges and other officials.

The behavior of the judges towards the lawyers also plays an important role in the administration
of justice. It is the behavior of the judge with lawyer which makes the atmosphere of the court
quite cordial and conquerable. Therefore, mutual respect from both the sides is necessary for the
maintenance of the cordial relation between the Bench and Bar. Reciprocal adjustment of the
code of conduct by the Bench and Bar is the key stone to the smooth functioning of the court
in the general interest of the society.
The judges play an important role in the maintenance of the rule of law which is essential for
the existence of the orderly society . Mr. C.L. Anand in his book says "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 citizens of life and personality, reputation and property, personal
and domestic happiness are all subject to the wisdom of the judges and hang on their decisions.
Where judicial power becomes corrupts, liberty expires, no security is left of life, reputation."

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