Practical No 6

Q 1 Duties of bar and bench in administration of justice

Bar and Bench

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.

Duties of Bar and Bench in administration of justice

In the administration of justice, Bar and Bench plays an important role. Following are the duties of the Bench and the
Bar which they should perform for the administration of justice.

Duties of the Bench

In the state, there is no office of such powers as that of the judge, as the powers which are held by judges are
greater than any other functionary. 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. The
judges shall perform the following duties:

1. Patient Hearing

While hearing cases the judge shall not be biased, and shall not form the opinion regarding the merit of the case
until he heard both the parties, he should act in the interest of justice. Sufficient opportunity shall be given to the
advocates by judges in order to present their case.

2. Impartiality

Judges shall act impartial, and shall not do anything in favor of his friend and relatives, he must do everything for
justice.

3. Avoidance of Interruptions

When advocates examine witnesses in a case or argue in case, the judge shall make sure that there are no
interruptions. Unwanted interruption or bad comments by the judges during the hearing of the case disturbs the
advocates and as a result, he may not be able to present his case properly. But the judges can interfere in the
following circumstances:

• To prevent waste of time.

• To check the relevancy of arguments put forward by the advocates.

• To get clarifications on a point that is not clear to him.

• To express his opinion on a point.

• To promote speedy disposal of cases.

4. Interpretation of Statutes
In some cases, interpretations of acts, codes, regulations, orders, etc has to be done by the court, during the process
of administration of justice, in order to remove the ambiguity or inconsistency or to know the actual meaning of the
provisions. So in such cases, proper interpretation of statutes should be done by the court to render justice to the
parties.

5. Avoidance of unreasonable adjournments

Without reasonable and sufficient grounds cases shall not be adjourned. One of the reasons for mounting arrears of
cases is unreasonable adjournment which causes hardship to the parties.

6. Speedy disposal

Cases that come before the court shall be disposed of as soon as possible, as when justice is delayed it means justice
is denied.

7. Avoiding harsh comments

Harsh comments shall be avoided by the judge in the court about the advocate’s lack of knowledge in law, similarly,
without any sufficient reason, they can not ask the advocates to leave the court. Judges should possess a calm
temper.

8. Independence

The protection of the independence of the judiciary should be the prime duty of the judge.

9. Meeting of judges and advocates

At regular intervals, meetings shall be conducted between the judges and the Advocates, such that they can put
forward their difficulties in front of each other and it can be sorted out, this will help in strengthening the Bar and
Bench relation.

10. Integrity

The character and the conduct of a judge shall be praiseworthy, and he should have personal and intellectual
integrity.

11. Industriousness

A judge should regularly update his knowledge and should know all the recent developments and changes made in
the law.

Duties of the Bar

Advocates assist the court in the administration of justice, they are the officers of the court. Advocates present the
case before the court after collecting material related to that case, and thus helps the court in arriving at the
judgment. In the process of administration of justice, an advocate is a partner of the judiciary. 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. In public places,
he should not wear a gown or bands.

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. If an advocate has a monetary interest in any case, he shall not plead in such a case.

12. An advocate shall not represent any organization or institution if he is a member of the executive committee
of such an organization or institution.

13. 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.

Q 2 Write a short note on bar and bench relation

Bar and Bench relation

The process of administration of justice includes both the Bench and Bar. In order to maintain the cordial relation
between Bar and Bench, mutual respect is necessary between them. Both the Advocate and judge complement each
other, the principal ground for recruiting judges is Bar, so they both belong to the same community. But while
discharging their duties sometimes they get into a harsh or heated argument.

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, for example, if any advocate uses
any offending language against a judge or if he threatens the judge to transfer the case or make scandalous
allegations against a judge, etc. he commits contempt of court and for such an act he liable to punishment also. In
order to protect the confidence of the public in the process of Administration of justice punishment for contempt of
court is provided.

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.”

Conclusion

An independent and fearless Bar is not preferred over an independent Bench, similarly, an independent Bench is also
not preferred over an independent and fearless Bar, neither of them is superior over the other, both are essential for
a free society. The freedom given to the Bar requires an independent judiciary, through which if necessary the
freedom that is given to the Bar, be vindicated. A well-behaved, responsible, cultured, and a leaned Bar is one of the
potent means for assuring judges their independence. Finally, 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.

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