Subject-Wise Law Notes Bar Bench Relations

Bar Bench Relations

Other Laws Subject-Wise Law Notes

Aishwarya Agrawal ● October 12, 2023

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The Bar and the Bench are like the two essential wheels of a chariot when it comes to
administering the law. They are interconnected and have their respective roles in the
legal system. In legal terms, the “Bar Bench relations” signifies the friendly rapport
between advocates and judges.

Both the Bar (advocates) and the Bench (judges) play crucial roles in ensuring justice.
Maintaining a harmonious relation between bar and bench requires mutual respect
and understanding from both sides.
 Contents [ hide ]
1. Bar and Bench Meaning
2. What is Bar Bench Relations?
3. Difference Between Bar and Bench
4. Bar Bench Relations in Professional Ethics: An Overview
5. Importance of Bar Bench Relations
6. Role of Bar Bench in the Administration of Justice
7. Role of the Bar in Strengthening the Bar Bench Relations
8. Role of the Bench in Strengthening the Bar Bench Relations
9. Conclusion

Bar and Bench Meaning

In the process of delivering justice, the legal system consists of judges and lawyers
who help the courts fulfil their responsibilities. The “Bar” refers to the lawyers and the
“Bench” refers to the judges. These two parts work together and without them, the
courts cannot effectively provide justice.

Bar – Lawyers become registered advocates after completing their L.L.B. degree from
a university and undergoing specific training supervised by another advocate, as per
the rules. Collectively, these lawyers are known as the ‘Bar,’ and an advocate
represents the Bar. In most cases, the term “Bar” refers to a group of licensed
attorneys who practice in the courts of a state or a specific court.

Bench – The term “bench” refers to all the judges collectively, in contrast to the term
“Bar,” which encompasses all legal professionals. It also refers to the official part of
the court when judges are in session. Originally, the term ‘Bar’ referred to the section
of the court related to attorneys, but now it refers to the part of the court dealing
with judicial officers, known as the Bench.

What is Bar Bench Relations?

Bar Bench relations refer to the dynamic interaction and cooperation between lawyers
(the Bar) and judges (the Bench) within the legal system. This relationship is
fundamental to the administration of justice. Lawyers represent their clients’ interests
in court, while judges make impartial decisions based on the law. Maintaining a
respectful and collaborative partnership between the Bar and the Bench is crucial for
the effective functioning of the legal system.
It ensures that cases are heard fairly, legal principles are upheld and justice is served.
Communication, professionalism and mutual respect are key elements in fostering a
strong Bar Bench relationship, which ultimately benefits the legal profession and the
individuals seeking justice.

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

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

Advocates who represent Judges who preside over

Role
clients cases

Present cases, argue and Hear cases, make legal

Function
defend decisions

Advocate for clients’

Advocacy Impartial decision-making
interests

Legal education and bar Legal education and

Qualifications
admission appointment

Independence Represent clients’ interests Impartially apply the law

Engagement in Passive, observing

Active in litigation and trials
Advocacy arguments

Professional Governed by judicial

Governed by legal ethics
Conduct conduct

Influence on
Influence case presentation Determine case outcomes
Outcomes

Appear in court as Preside over court

Court Appearance
representatives proceedings

Administer legal
Legal Practice Engage in legal practice
proceedings

Advocates for parties’ Remains neutral and

Relation to Parties
interests unbiased

Decision-Making Limited to persuasion and Holds the authority to make

Power argument decisions

Legal Authority No decision-making power Decision-making 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.
Bar Bench Relations in Professional Ethics: An Overview

In a democratic system, the independent judiciary stands as a pillar of stability and

the legal profession (the Bar) is an integral part of maintaining this stability. The
Bench, which includes judges, reflects the image, character and conduct of these
judicial officers. It is often seen as a guiding influence and a mirror that reflects the
behavior of judges.

Those practicing law are an essential component of the justice delivery system and
the harmony between the Bar and the Bench is vital for achieving the goals outlined
in our Constitution. They are two sides of the same coin and the administration of
justice cannot thrive without unity between them. The integrity of the institution relies
on this cooperation.

Any attempt by an advocate to discredit the court undermines the very foundations
of justice and tarnishes the entire justice system. Advocates are expected to show
consistent respect for the court, regardless of the court’s status. They must refrain
from displaying personal bias against judges as they are entrusted with the
responsibility of upholding the judiciary’s professionalism and respect.

Conversely, it is the duty of the judiciary not only to be respectful toward members of
the Bar but also to uphold the high standards of the legal profession.

Contempt of court can be imposed on lawyers or judges for disrespectful or improper

behaviour. Contempt of court can be categorised as civil or criminal, encompassing
actions such as using derogatory language against a judge, questioning their
authority or making unfounded accusations. Such actions can result in contempt
proceedings against the offending party.

Importance of Bar Bench Relations

The significance of the Bar and Bench relationship was highlighted in the case of 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.

Role of Bar Bench in the Administration of Justice

The bar bench relation plays a crucial role in the administration of justice. Judges hold
a level of authority unmatched by any other office in the state, as their decisions
profoundly affect the lives, liberty, happiness, property and public perception of
ordinary citizens. The wisdom of judges is the cornerstone of a just and orderly
society and their judgments hold individuals accountable. If judicial power becomes
corrupted, life, liberty and personal happiness are jeopardised.

A robust and unbiased judiciary is of utmost importance for any state. Judges have a
vital role in maintaining civil order and they must fulfil their responsibilities diligently.

However, the administration of justice isn’t confined to the courtroom; it also greatly
impacts the Bar, which consists of attorneys. To ensure a harmonious relationship
between Bar and Bench, mutual respect and understanding are essential. Lawyers and
judges complement each other’s roles. Judges are often selected from the legal
profession, making them part of the same community as lawyers. This shared
connection underscores the need for a respectful and cooperative bench bar relation.

Given the nature of their respective roles, lawyers and judges may engage in
dialogues that are sometimes friendly, sometimes contentious and sometimes
challenging. Despite occasional disagreements, maintaining a cooperative and
respectful relationship between these two pillars of the legal system is crucial for the
effective administration of justice.

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:

Respect for Judges: Advocates should show respect and reverence for judges,
refraining from any form of disparagement or criticism of the judiciary.
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.
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.
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.
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.
Prevent Unfair Practices: Advocates have a responsibility to guide and
discourage their clients from engaging in unfair or unethical practices in court
proceedings.
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:

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.
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.
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.
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.
Clarity in Legal Interpretation: When interpreting complex legal rules,
documents or statutes, judges should provide clear explanations to ensure
justice for all parties involved.
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.
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.
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.
Legal Knowledge: Judges should possess a deep understanding of the law,
apply it to the evidence presented and reach well-reasoned conclusions.
Judicial Independence: Upholding and preserving judicial independence is a
foremost duty of judges, ensuring impartial decision-making.
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.
Continuous Learning: Judges should engage in regular and comprehensive
research to stay current with legal developments, statutes and changes in the
law.
 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.
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.

Conclusion

The Bar Bench relationship lies at the heart of a robust and effective legal system. This
intricate interplay between advocates and judges is not merely a professional
collaboration but a cornerstone of justice itself. Mutual respect, open communication
and adherence to professional standards are the pillars on which this bench and bar
relationship must stand.

The Bar, with its dedication to representing clients zealously, complements the
Bench’s responsibility to administer justice impartially. The synergy between these
two entities ensures that the rule of law prevails and individual rights are protected.

As the legal landscape evolves, nurturing a healthy Bar Bench relationship remains
paramount. It is through this collaboration that we uphold the principles of justice,
fairness and the rule of law. In fostering this partnership, we not only fortify the legal
profession but also reaffirm our commitment to a just and equitable society.

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