In a society, law and order is as essential as people.

People in order to live a peaceful, harmonious life need a steady, well

advanced lifestyle. The rules of a society should be modern in order to
sustain life. However, when two people quarrel over a certain issue theres a
possibility that it would cause chaos and commotion amongst a few. This
sometimes, leads to tension and hatred among others. A societys main motto
is for its people to live a happy life, thus when this principle is applied, the
wellbeing of mankind is brought in light. Justice helps a society to stay
composed. However, it is also essential that the people who serve justice be
at organized and harmonious. The bar and bench form the justice. The justice
of the society. Both are essential and they must have mutual understanding
and respect with each other. Each partners must work effectively and
effortlessly in order to achieve justice in society. The Bar and Bench are the
essential partners for fulfilling this objective of our judicial system.
Failure of performing any duty by anyone partner will affect the other partner
naturally.
There are two parts in a court where cases are conducted namely:

1. The Bench, i.e. the place where the judges take their seat.
2. Bar, i.e. the place where the advocates stand.

The judges are known as the “Bench” and the Advocates are known as the
“Bar”. The relation between the judges and Advocates are referred to as the
Bar and Bench relation. Speedy justice and the faith the public has on the
judiciary depend on the relation between the judges and the Advocates and
in the administration of justice the role of Advocates is equally important as
that of judges. Providing justice is the joint responsibility of both the judges
and the Advocates.

When the advocate scandalizes the court he corrupts the very foundation of
justice and such conduct by an advocate dishonors the process of
administration of justice. Whatever is the status of court an advocate’s
behavior towards the court shall always be of respect. Whatever advocate
thinks about the Presiding officer, he must not show that in its attitude,
because it’s his duty to uphold the dignity of the judiciary. Also, it’s the duty
of the judges to not only be polite or calm towards the advocates but to do
everything possible that will help the advocate in presenting his/her case.

Any misconduct done by any advocate or judge may amount to contempt of

court,

The Supreme Court in P.D. Gupta v. Ram Murti and Others case has laid down
his opinion on Bar and Bench relation in the following words:

“An advocate should be fair not only towards his client but also towards the
court as well as towards the opposite party of the case. The process of
administration of justice has to be kept clean and uncorrupted. The
Administration of justice not only concerns the Bench, it concerns both the
Bench and the Bar. The principal ground for recruiting judges is the Bar, both
the judges and the advocates complement each other. The main duty of an
Advocate is to present the case in court by informing the court about the law
and the facts of the case and to help the court in arising at the conclusion of
the case. For good administration of justice, an advocate shall possess good
advocacy skills, so that he can put forward the case in court properly and not
get interrupted by the judge unless the interruption is necessary.

purpose of Bench and Bar 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 realise all those goals which are labelled "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.
Duties of the Bar
The respresentatives of the court are the advocates, thus in the
administration of justice an advocates plays key role. Advocates present the
case before the court after collecting material related to that case, and thus
helps the court in arriving at the judgment.

An advocate shall perform the following duties-

1. A respectful attitude shall be maintained by advocates towards the

courts, bringing in mind that for the survival of the society the
dignity of the judicial office is essential.
2. Efforts shall be made by advocates in order to prevent his/her client
from adopting unfair practices concerning the court.
3. By any illegal or improper means, an advocate shall not try to
influence the judgment of the court.
4. Dignity and self-respect shall be maintained by an advocate while
presenting his/her case in front of the judge.
5. An advocate shall help the court in the trial of the case by
presenting clearly the laws which are relevant to the particular case.
6. An advocate shall not present any fact in front of the court which he
knows to be false.
7. An advocate shall not ask for an adjournment of the case without
any sufficient reason.
8. An advocate shall always appear in court in a presentable manner
and a prescribed dress
9. If an advocate knows a judge personally he should not practice
before him.
10. An advocate shall not interrupt in between when an opposite
council or judge is speaking.
11. An advocate shall not represent any organization or institution if
he is a member of the executive committee of such an organization
or institution.
 12. An advocate shall not apply any personal influence over the
decision of the court, nor he should give any kind of impression that
he possesses personal influence with the judge before whom he
practices.

The bench ???????

The citizen’s life, liberty, personal domestic happiness, reputation, and

property all are subject to the wisdom of the judges and all the citizens have
to comply with the judge’s decision. If judges become corrupt there will be no
security left with citizens to life and liberty, and also there will be no
guarantee of personal domestic happiness to them. Thus, the state needs a
judiciary that is strong, powerful, and impartial.

Role of the Bar to Strengthen Bar-Bench Relation

To strengthen the Bar-Bench relation, the Advocates must take the
following steps.
1. They should give the due respect to the judges and they must
avoid speaking ill of the judges and the judiciary.
2. They should help the judges in the trial of the cases by
presenting the relevant law in the correct and clear manner. They
should never act in such away to irritate the judges.
3. If the judges pronounces a wrong order, they should not criticize
the judges. They should try to set right the wrong order through
appeal.
4. For getting favourable order they should not give pressure or
influence the judges.
5. If the judges behavior is irritating and disrespect to the
Advocates should not enter in to a direct confrontation with the
judge. Through the Bar Association the matter should be
discussed with the judge in his chamber and shall request to
avoid such misbehavior.
Patient Hearing: Judges should hear the case with open and
respective mind without any prejudice or bias. They should act only to
the interest of justice.
Impartiality
6. Avoidance of Unreasonable Adjournments: Adjournments are
given to afford reasonable opportunity to the parties to present the case.
As far as possible cases shall not be adjourned without reasonable and
sufficient grounds . Unreasonable adjournment is the main reason for the
mounting arrears of cases and it causes hardship to the parties.
7. Speedy Disposal: `Justice delayed is justice denied’, hence cases
should be disposed off as quickly as possible. When preference is given
for disposal of old cases, care should be given to see that new cases
should not get into arrears.
8.Avoiding Unwarranted comments: Judges should not make any
unwarranted comments in the open court about the Advocates lack of
knowledge in the law. They should not ask any Advocate to leave the
court, without sufficient reasons. Similarly, they should not ask any
Advocate not to come to his court hereafter.
11. Integrity: A Judge should be honest and morally upright. He
should have personal and intellectual integrity. His character and conduct
should be praise worthy. Then only the Advocates and the general public
will have confidence on him.
12.Industriousness: It means regular and systematic hard work and
study. A Judge should get acquainted with the latest developments and
changes in the law by regular updating of the knowledge. Judges should
possess deep knowledge in law.
They should have the ability to apply the proper law to the disputed facts
and to take the right decision
13. Meeting of Judges and Lawyers: To strengthen Bar-Bench
relation, at regular intervals meeting of judges and the Advocates shall be
arranged. In such meetings the respective sides difficulties can be
discussed and the differences can be sorted out.
Thus, the keystone for the smooth functioning of the courts in the general
interest of the society is the reciprocal adjustment of conduct by the Bar and
the Bench.