Difference Between Bar and Bench

The difference between Bar and Bench in the legal context is fundamental to
the administration of justice.
While the Bar influences case presentation and argues on behalf of clients, the
Bench holds the ultimate authority to determine case outcomes and uphold the
rule of law.
These differences emphasise their complementary roles within the legal
system, with the Bar advocating for parties and the Bench overseeing the
delivery of justice.
Here’s a table outlining the key differences between Bar and Bench in the legal
context:
Aspect Bar Bench

Definition The collective term for lawyers Refers to the group of judges

Advocates who represent

Role Judges who preside over cases
clients

Present cases, argue and

Function Hear cases, make legal decisions
defend

Advocacy Advocate for clients’ interests Impartial decision-making

Legal education and bar

Qualifications Legal education and appointment
admission

Independenc
Represent clients’ interests Impartially apply the law
e

Engagement
Active in litigation and trials Passive, observing arguments
in Advocacy

Professional
Governed by legal ethics Governed by judicial conduct
Conduct

Influence on
Influence case presentation Determine case outcomes
Outcomes

Court Appear in court as

Preside over court proceedings
Appearance representatives

Legal
Engage in legal practice Administer legal proceedings
Practice

Relation to
Advocates for parties’ interests Remains neutral and unbiased
Parties

Decision-
Limited to persuasion and Holds the authority to make
Making
argument decisions
Power

Legal
No decision-making power Decision-making authority
Authority
These differences highlight the contrasting roles and responsibilities of the Bar
and the Bench in the legal system, with the Bar advocating for clients and the
Bench ensuring the impartial application of the law and making legal decisions.

Role of the Bar in Strengthening the Bar Bench

Relations
Advocates are considered officers of the court and their primary duty is to
assist the court in the fair administration of justice. They do so by gathering
relevant resources and presenting them in court to help the court make
informed decisions. Advocates work in partnership with the judiciary to ensure
the proper dispensation of justice. Their role is significant in the administration
of justice and to maintain a harmonious bar bench relation, advocates should
follow these guidelines:
1. Respect for Judges: Advocates should show respect and reverence for
judges, refraining from any form of disparagement or criticism of the
judiciary.
2. Assist Judges: During court hearings, advocates should assist judges by
accurately and clearly conveying the relevant legal principles. They
should conduct themselves in a manner that pleases the judges and aids
in the smooth conduct of proceedings.
3. Handling Judicial Errors: If advocates believe there is an error in a
judge’s decision, they should not criticise the judge openly. Instead, they
should follow proper legal procedures, such as filing an appeal, to address
and rectify any perceived mistakes.
4. Avoid Manipulation: Advocates should not exert undue pressure or
attempt to control judges to obtain favourable orders. They must refrain
from using illegal or inappropriate means to influence court decisions.
5. Addressing Disrespect: If a judge’s conduct is perceived as
disrespectful or annoying to advocates, they should avoid engaging in
confrontational discussions in the courtroom. Instead, any issues should
be addressed privately, such as in the judge’s chambers and the Bar
Association can make a formal request for respectful behaviour.
6. Prevent Unfair Practices: Advocates have a responsibility to guide and
discourage their clients from engaging in unfair or unethical practices in
court proceedings.
7. By adhering to these principles, advocates contribute to the preservation
and strengthening of the relation between Bar and Bench, ultimately
enhancing the administration of justice.
Role of the Bench in Strengthening the Bar Bench
Relations
A judge, as a public official responsible for hearing and deciding legal cases,
holds significant authority within the legal system. To foster a strong and
respectful bar bench relationship, judges are encouraged to follow these
principles:
 1. Mutual Respect: Just as advocates show respect to judges, judges
should also respect advocates. Maintaining mutual respect is crucial for a
healthy working relationship between bar and bench.
2. Open-Mindedness: Judges should approach each case with an open
mind, free from bias or prejudice. Their actions should serve the interests
of justice and they should provide advocates ample time to present their
cases.
3. Impartiality: Judges must act impartially, refraining from favouring any
party involved in the dispute. Their decisions should be solely based on
the merits of the case and the applicable law.
4. Minimal Intervention: Judges should avoid unnecessary interference
with lawyers’ interactions with witnesses and their arguments. Excessive
intrusion or disparagement can harm a lawyer’s professional reputation
and hinder effective case presentation.
5. Clarity in Legal Interpretation: When interpreting complex legal rules,
documents or statutes, judges should provide clear explanations to
ensure justice for all parties involved.
6. Adjournments: Judges should grant adjournments sparingly and only
when reasonable and appropriate grounds exist. Excessive delays can
contribute to backlogs in the court system and financial hardships for
parties involved.
7. Timely Disposition: Cases should be resolved promptly and older cases
should not take precedence over newer ones. The principle of “justice
deferred is justice denied” should be upheld.
8. Respectful Conduct: Judges should refrain from making unwarranted
public remarks about a lawyer’s competence in open court. They should
not ask lawyers to leave the trial or bar them from future appearances
without compelling reasons.
9. Legal Knowledge: Judges should possess a deep understanding of the
law, apply it to the evidence presented and reach well-reasoned
conclusions.
10. Judicial Independence: Upholding and preserving judicial independence
is a foremost duty of judges, ensuring impartial decision-making.
11. Moral Responsibility and Honesty: Judges should be held to the highest
standards of moral responsibility and honesty, commanding respect in
both their personal and intellectual capacities.
12. Continuous Learning: Judges should engage in regular and
comprehensive research to stay current with legal developments, statutes
and changes in the law.
13. Communication: Regular briefings and meetings between judges and
advocates should be scheduled to facilitate discussion and resolution of
issues, strengthening the relationship between Bar and Bench.
14. By following these principles, judges contribute to a productive and
respectful relationship with advocates and ensure the fair administration
of justice in the legal system.

P.D. Gupta v. Ram Murthi and others (1997), which explored how this
relationship influences the administration of justice.
In this case, a dispute arose over the property left by Shri Kishan Dass after his
passing. Various individuals claimed rights to the property, including one
claiming to be his sister, one claiming to be an heir and others. Vidyawati, the
advocate for one of the claimants, purchased the disputed property, knowing it
was subject to a legal dispute. Subsequently, she profited by selling the
property to a third party.
A complaint was filed against the lawyer with the Delhi Bar Council, resulting in
her suspension. Due to the disciplinary committee’s inability to resolve the
complaint within a year, the case was transferred to the Bar Council of India, as
mandated by Section 36-B of the Advocates Act, which requires complaints to
be resolved within a year. The Bar Council of India’s disciplinary
committee conducted a trial, found the advocate guilty of professional
misconduct and suspended her from practicing law for one year