BENCH-BAR RELATIONSHIP

I. INTRODUCTION

The phrase "Bench and Bar" denotes all judges and lawyers collectively. The Bar and Bench play an
extremely vital role in the administration of justice. On that account, the successfulness if the
administration of Justice is dependent upon the amicable relationship between the Bar and Bench. It
has been rightly said that law does not live in the books, it lives with the profession.

II. OBJECT OF BENCH AND BAR

Preamble to our Constitution secures to every citizen the social, economic and political justice. The
machinery for the administration of justice is composed of the judges and the advocates. Following
may be noted in this respect :-

1. Judges and Advocates are equally important players in the administration of justice.
2. They are two wings of the judicial system and two wheels of the chariot of justice.
3. The judges administer the law with the assistance of the lawyers. The lawyers are the officers
of the court.
4. In order to achieve the common object of dispensation of justice, judges adjudicate and the
lawyers advocate a cause.

III. FACTORS AFFECTING THE BENCH-BAR RELATIONS

The Bench-Bar relation is not as simple as it appears to be and is full of complexities, intricacies and
challenges. Following are some of the factors which hamper the cordiality of the Bench-Bar relation
:-

1. Unbecoming act on the part of either side - Acts contrary to what is expected may
hamper the relation on the either side.
2. Lack of reciprocal respect - If the lawyer is required to maintain the dignity of the judge,
the judge is also obligated to give respectful treatment to the lawyers appearing before him.
Respect is always a reciprocal process.
3. Failure of advocate to render assistance in administration of justice - Failure to give
requisite information to the court is an instance of not rendering proper assistance to the
court. These situations infuriate the court and compel it to take action against the erring
lawyer. It might have adverse impact on the relations.
4. Judge failing to patiently hear the case
5. Rude Behaviour of Judge
6. Vexatious complaints by advocates against the judges
7. Question mark on impartiality of judge - A single instance of favouritism would damage
his image forever and hamper his reputation on the other side. It shakes the mutual trust of
the bench-bar relation.

IV. ROLE OF ADVOCATES IN ADMINISTRATION OF JUSTICE

Since the lawyers assist the court in arriving at correct judgements which shall be sustainable in the
eyes of law, it is extremely important for him to perform the following duties :-
 1. A lawyer must explain properly as to what his case is;
2. He shall describe as to how an act of the State or an individual is illegal and resulted in
violation of his client's rights.
3. He must cite judgements which support the case of his client.
4. He shall place before the court materials such as position of the statute, precedents of the
superior courts applicable to the particular case etc.

Without proper assistance from the lawyer, it becomes difficult for the court to decide a case in
accordance with law and judgements passed in ignorance of law cannot survive.

What the Advocates Owe To The Court/Judge

1. Respectful Attitude - A lawyer shall have a respectful attitude towards the court and judges.
He shall always scrupulously observe the decorum of the court room. A lapse on his part
may amount to professional misconduct. For e.g. :- using intemperate and insulting language
against a judge.
2. Controlled Conduct - While protecting the interest of his client, an advocate should not get
agitated. He should maintain his cool. Even in his pleadings he shall use respectful language.
3. Constructive Assistance - A lawyer is a responsible officer of the court. It is the duty of
the lawyer to assist the court in a properly prepared manner. He shall state the correct facts
and should not mislead the court.
4. Smooth Functioning of Court - An advocate shall ensure smooth functioning of the court.
Therefore, the advocate shall not deliberately absent himself from attending the court on the
day. Non appearance without sufficient cause is not excused.
5. Befitting Behaviour - An advocate must behave in such a manner which suits his status as
an officer of the court, a privileged member of the community and gentlemen. If the lawyers
do not act in apt manner it would be destructive for democracy and the rule of law.
6. Fairness - An advocate shall always be fair to the court. He should not make a false
statement before the court. His submissions must reflect the factual position known to him.
The faith and confidence of the court needs to be maintained.
7. Uphold The Dignity of Court and Majesty of Law - An advocate should not do an act
which brings disrepute to the court or lowers its authority in the eyes of common man.
Therefore, every order of the court must be respected and abided by.
8. No Contumacious act - Any act of wilful non compliance with court's order, interference
with administration of justice and scandalizing the court/judge amounts to contempt of
court. Therefore, an advocate shall not engage in any such act under any situation.

V. ROLE OF JUDGES IN ADMINISTRATION OF JUSTICE

The judge plays a vital role in upholding the rule of law.

What Judge Owes To An Advocate/Litigant

1. Considerate and courteous towards Advocates - It is the duty of the court to try to
maintain the lawyer's respect in the eyes of his client and the general public with whom he
 has to deal in his professional capacity. The judge should not ill treat the bar in general and
an individual advocate in specific.
2. Sympathetic towards litigants - The court should be full of sympathies but it should not
come in the way of dispensing justice. In a case, the High Court considering the brilliant
academic record of the disabled girl directed the college to relax norms and grant admission
to her sympathetically.
3. Impartiality - A judge must be unbiased while deciding the case. His decisions shall be
totally in accordance with law and not to please anybody. He shall discharge his functions
without any fear, affection or hate. He should not give weight age to the face value of an
advocate appearing before him. He should not decide a matter in which he is directly or
indirectly interested.
4. Patient hearing with open mind - A judge should be a better listener than an orator. He
must respect the right of the counsel of being heard fully and patiently. He must bear in
mind that undue interference or impatience would prevent the proper presentation of the
cause. Where counsel goes irrelevant, he may interfere.
5. Judicial temperament - A judge must exhibit his judicial temperament which involves
patience, open mindedness, courtesy, firmness, humbleness, punctuality and common sense.
He should be able to handle personal stress and criticism.
6. Compassion - A judge must be compassionate in his approach as it would give solace to
the litigant who approaches the court for redresses of his grievance.
7. Integrity - Integrity of Judge is the essence of the judicial system. People have faith in a
judge who is fair and who remains uninfluenced by race, gender, political status, wealth etc.
8. Punctuality - Punctuality, both in maintaining court timings and in delivering judgements is
essential. A judge must sit and leave the court at the appointed time. Similarly, judgements
shall be delivered without any unreasonable delay. A good judgement delivered with
promptness receives a lot admiration.

VI. IDEAL RELATIONSHIP BETWEEN THE BENCH AND BAR

1. The members of the Bench and Bar are brought up in the same kindergarten. Hence, they
carry common ideals and traditions of judicial discipline and ethics. Both are protectors of
social values.
2. If independent judiciary is the pillar of democracy, the Bar is the foundation of it. The Bar is
the mother of the Bench as the former is the principal ground for recruiting judges.
3. Therefore, both must work in harmony with each other for advancement of justice. To
accomplish this task, congenial relations between the two must be developed and continued
through reciprocal faith and respect. Mutual confidence on both sides would always
smoothen the cause of justice.
4. Both should discharge their respective functions in an unbiased and coordinated manner.

VII. SUGGESTIONS TO IMPROVE BENCH-BAR RELATIONSHIP

1. A common forum should be constituted for redressal of grievances of the Bench and Bar.
2. Senior members of the Bar should be allowed to take effective part in ensuring professional
etiquette.
 3. There shall be effective implementation of the disciplining of High Court justices through
judicial in-house procedure as envisaged in C.R. Iyer v. Justice AM Bhattacharjee.
4. A code of ethics for higher judiciary is the need of hour.

Case Law :- Prem Surana v. Additional Munsif and Judicial Magistrate

Held :- The apex court held that harmony between the bench and bar can yield the best results in
achieving the objectives enshrined in the constitution.

Case Law :- D.K. Basu v. State of West Bengal

This was a case of custodial death and the court realised the necessity of help from the Bar and
invited Dr. Singhvi to act as amicus curiae, who did so subsequently.

Case Law :- P.D. Gupta v. Ram Murti and Another

Held :- Administration of justice has to be kept pure and clean and it is possible only by the
cooperation of bench and bar.

Case Law :- DP Chadha v. TN Mishra

Facts :- Counsel had connived with the opposite party for a compromise without the authority of a
client.

Held :- The advocate is duty bound to state the correct position of law. He cannot mislead the
court to take unfair advantage of it.