BENCH AND BAR RELATIONSHIP

INTRODUCTION

The edifice of the administration of justice stands upon two

independent pillars i.e., Bench and Bar. Both are equal, both work for
the administration of justice, and for society, both are public office with
socio welfare objectives. Their goal is to render justice to the needy and
aggrieved. Successful administration of justice depends upon amicable
relationship between the both as they are the two arms of the same
machinery and unless they work harmoniously, justice cannot be
properly administered through the Courts of Law. In performing duties,
one is not inferior and the another is not superior. There must be
constructive cooperation between these two important wings, because
both of them are two eyes to the administration of justice.

CASE LAW : P.D Gupta Vs. Ram Murti, AIR 1998 SC 283 - It was laid
down in this case that the Judges administer the law with the assistance
of the lawyers and the lawyers are the officers of the court. They are
expected to assist the court in the administration of justice. The
administration of justice is a stream which has to be kept pure and
clean, It is not something which concerns the Bench only, It concerns
the Bar as well. Actually Judges and Lawyers are complimentary to each
other.

Justice R.J. Kochar has observed :

" The Bar is the mother of the Bench and the bright mirror of the
Judicial Officers whose image, character and conduct is correctly and
visibly breflected therein, and it is for the Bench to nurse and nourish
the merits of the Bar."
We often come across instances of breakdown of relationship of Bench
and Bar. In CASE LAW : Prem Surana Vs. Addl. Munsif & Judicial
Magistrate, 2002 (4) RCR (Cri) 272 - Supreme Court held that in the
justice delivery system of the country members of the Bar are as
much a party thereto as the judges and it is closest possible harmony
between the Bar and the Bench that can yield the best results in
achieving the objectives as enshrined in the Constitution. It is the
conjoint effort of the Bar and the Bench that the administration of
justice ought to be had.

MEANING OF BAR AND BENCH-

Bench: The 'Bench' denotes the seat of the Judges in the Court or a
body of Judges comprising a Court.

Bar: The Bar, second wheel of justice, comprises of body of lawyers.

Bar means a faction or association of Lawyers or Advocates. When used

in relation to court, it means lawyers, Advocates, or where Lawyers
assemble in the court or in court complex.

Both the Judges and the Lawyers have equal part to play and therefore
both are equal and must share self respect and admiration.

DISTINCTION BETWEEN THE CONCEPTS 'BAR-BENCH RELATIONS' AND

'ADVOCATE'S DUTY TO COURT' -

Bar-Bench Relations

1. The Concept is more wider and omniferous.

2. This concept has multi-faceted purposes and objects.

3. It consists positive and negative directions.

4. This concept includes several aspects i.e., advocate's duty to clients,

advocate's duty to courts, advocate's duty to his opponent, his duty to
public, professional ethics and etiquettes etc.

5. This concept is aimed to regulate and cointrol both the bar and
bench and particularly is aimed to harmonise the relations between the
bar and bench.

Advocate's Duty to Court

1. The concept is narrower

2. This concept has limited objects and purposes, i.e. to control and
regulate the advocates in the court.

3. It consists only negative directions to the advocates.

4. This concept is confined only advocate's duties to court, but not with
other aims and purposes, and atleast not with other duties of the
advocates. Hene the area of operation of this concept is very limited.

5. This concept is aimed to regulate and control only the bar and it aims
to control and regularize the legal profession.

INTER RELATIONSHIP BETWEEN BENCH AND BAR

A. Bench and Bar as Partners in Justice Delivery System- The Judges

administer the law with the participation of advocates as officers
 of the Court. The advocates are expected to assist the court in an
apopropriate manner in the administration of justice. The primary
duty of the lawyer is to inform the court as to the law and facts of
the case and to aid the court to do justice by arriving at the
correct conclusions.The advocate shouldnot influence the
decision of the court by any illegal or improper means. He is duty
bound under the rules and law not to misguide the court.

B. Obligations of the Bar and Bench- The members of the Bar and
Bench are born and bred in the same nursery and have common
ideals and traditions of judicial discipline and legal ethics to act
with service oriented approach to the public uninfluenced with
print media and electronic media. The members of Bench and Bar
being upholders of values in society are under legal obligation to
maintain an equilibrium between rich and poor.

C. Dignity of Courts must for Bench and Bar Relations- If the judiciary
is to perform its duties and functions effectually and true to the
spirit with which they are sacredly entrusted to it, the dignity and
the authority of the courts have to be respected and protected at
all costs. The courts are entrusted with the extraordinary power
of punishing those who indulge in acts whether outside or inside
the Courts, which tend to undermine their authority and bring
them in disrepute and disrespect by scandalizing them and
obstructing them from discharging their duties without fear or
favour.

D. The Bar and the Bench are two sides of a coin. In the
administration of justice unless harmony prevails between the Bar
and the Bench, no desired results to uphold the majesty of the
 institution could be achieved.

E. A common man has faith in the Judicial System of the country. It is

the role of both the Bench and the Bar to maintain and strengthen
the same by its commitment and conduct.

CASE LAW : Mahant Hukumat Rai Vs. The Crown, AIR 1943 LAH 14- A
lawyer should always conduct himself properly in a court of

law and exert his least at all times to maintain the dignity of

the Court but the Court has also a reciprocal duty to perform

and should not only be discourteous to a lawyer but also

should try to maintain the lawyer’s respect in the eyes of his

clients and the general public with whom he has to deal in his

professional capacity.

DUTIES OF THE BAR TOWARDS THE BENCH-

1. Respectful Attitude : A lawyer should always exhibit respectful

attitude towards the Bench so that he can set an example for the
litigants, witnesses and the general public to follow the same
standards. He is under the obligation not to resort to any conduct
which could offend the dignity of the Court. Attitude of a lawyer
towards the Court should be respectful no matter it is a superior court
or subordinate court. Even when the lawyer does not hold a good
opinion about the stability and standing of presiding officer of the
court, it should not be exposed or expressed from his behavior since he
is bound to uphold the dignity of the judicial system as an institution.
A lapse on part of the Bar to show respectful attitude towards the
Bench would not only amount to professional misconduct but also to
the contempt of the Court.

In CASE LAW : Re: Vinay Chandra Mishra, AIR 1995 SC 2348, it was
held that use of intemperate language is not assertion of right and is a
threat as argument and a lawyer has to be a gentleman first. Every
counsel has a duty to his client fearlessly to raise every issue, advance
every argument and ask every question, however distasteful which he
thinks will help his client’s case but should hold his proper professional
conduct. His most valuable asset is the respect and goodwill he enjoys
among his colleaguees and in the Court.

Lord Denning, M.R. in CASE LAW : Rondel Vs. W, (1966) 3 ALL ER 657,
said, " The counsel has time and again to choose between his duty to
his client and his duty to the Court. When an advocate puts his first
duty to the Court, he has nothing to fear. It is a mistake to suppose that
he is the mouthpiece of his client to say what hewabnts. He must
disregard the most spevcific instructions of his client, if they conflict
with his duty to the Court."

2. Rendering Constructive Assistance: This duty has to be discharged

with utmost responsibility and care because judges rely upon what is
presented to them by the advocates. So while drafting his pleading, an
advocate must be doubly sure that he is not citing any overruled
decision, not citing any provision from any repealed statute, that he is
not doing a grave misconduct in any form.
In CASE LAW : Chandrika Prasad v. State of MP, AIR 1985 MP 254, it
was held that if an advocate knowingly cites any overruled decision or a
repealed statute, it amounts to professional misconduct because courts
generally relies upon the case laws and statutes presented by the
advocates and if the advocates try to mislead the court that would
amount to playing a fraud upon the court.

3. No Private Communication With The Judge: An advocate must not

attempt to influence the presiding officer of the Court in any manner
whatsoever. A lawyer is not supposed to be mouthpiece of his client,
so, even if the client insists upon private meeting with the judicial
officer, the lawyer must not succumb to it. The lawyer must persuade
the client not to resort to such tactics. Private communication with the
judge is also prohibited by the rules framed by the Bar Council of India.

4. Assist in Smooth Functioning of the Court: A lawyer holds a

relationship of trust and confidence with his client. Therefore it is
presumed that he would mark his appearance in the Court on the date
fixed for hearing a case and should also ensure that the proceedings of
the Court are carried on smoothly without any interruption.

5. Fairness : An advocate should not appear in the Court whose sole

or any member is related to him. He should not appear in a case in
which he has pecuniary interest and should not appear for or against
the executive committee of any society, organization or institution of
which he is a member.

6. Bench Hunting and Bench Shopping Not Permissible: No advocate can

insist to be heard by a Bench of his choice or to say in other words
Bench Hunting, Bench hopping or Bench Shopping is not permissible.
Deliberately avoiding a Bench and coercing others to do the same
amounts to professional misconduct by the advocate.

In CASE LAW : Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470,
it was held that even in the face of calculated offensives and mind
games played by a counsel, the oath of office of the judge decides every
case without fear or favor requires the judge concerned to proceed
with the hearing and the attempts of Bench hunting or bench Avoiding
should be seriously repulsed.

7. Advocates 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.

8. If the judges pronounces a wrong order, they should not criticize the
judges. They should try to set right the wrong order through appeal.

9. If the judges behavior is irritating and disrespectful to the Advocates,

he 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.

10. A lawyer should be punctual in all courts appearances and,

whenever possible, should give prompt notice to the court and to all
other counsel in the case, of any circumstances requiring his tardiness
or absence.

11. Lawyer should make every reasonable effort to prepare himself

fully prior to court appearances.

12. A lawyer should see to it that all depositions and other documents
required to filed are filed promptly, should stipulate in advance with
opposing counsel to all non-controverted facts, should give the
opposing counsel, on reasonable request, an opportunity in advance to
inspect all evidence of which the law permits inspection, and in general,
should do everything possible to avoid delays and to expedite the trial.

Incorporation of code of ethics for advocates does not mean that they
have to surrender to the improper behaviour of the Judge. The lawyers
have legal right to object the improper behaviour of the judge and they
are entitled to enlighten their grievances to the higher authorities of
the Court.

DUTIES OF BENCH TOWARDS BAR-

The behaviour of the Judge towards the lawyers also plays an important
role in the due administration of justice. It is the behaviour of the judge
with the lawyers, which makes the atmosphere of the Court quite
cordial and congenial.

1. No Interruption During Proceedings: The Judge should not interrupt

the counsel until he is arguing relevantly and purposefully. Till the
lawyer is presenting his case in an orderly way, there should be patient
hearing and cooperation from the side of the judge, as otherwise it
would lead to miscarriage of justice. Thus, a judge m,ust be good
listener in addition to being a good orator.

LAW COMMISSION OF INDIA, 14TH REPORT, Vol.1, at p.102. "A judge

who intervenes too much could drain the case of all joy from the point
of the view of the advocate who whether he had won or lost comes out
of the Court as exhausted person."
2. A Judge Must Sit On The Dias With an Open Mind: Any
preconceived motions may deviate him from performing his task to
administer the justice. He should not form any opinion on the merits of
the case unless both of the parties are heard. He must not interrupt the
counsel while examining or cross examining the witnesses.

Though some intervention in order to appreciate counsel’s argument is

desirable, but a volley of questions repeatedly asked may ruin the
arguments and take the counsel off the track. Hence a balance has to
be maintained.

3. Impartiality: A judge has to be impartial in dealing with advocates.

The judge should not only be free from bias or interest in any case
rather he should not be guided by the obstinacy and snobbery in his
conduct with advocates.

The decisions of the judge should be in accordance with the law ad not
to please his friend, relative or superior authorities and he must firmly
refuse to succumb to pressure tactics which require him to deviate
from justice.

Sukra Neeti enumerates five vices which every judge must guard
against to be impartial. They are :

• Raga (leaning in favour of a party)

• Lobha (greed)

• Bhay (fear)

• Dvesha (ill will against anyone)

• vadinoscha rahashruthi (the judge meeting and hearing a party to

 a case secretly i.e., in the absence of the other party)

These were laid down in R.C. Lahoti, "Canons of Judicial Ethics", p.15

4. Helpful Attitude Towards New Entrants and Beginners at Law:

Judges should be sensitive towards the problems faced by the new
entrants in the Bar and must always extend their helping hand to help
them settle down. They should be appreciative of the efforts made by
the junior advocates especially when the opposite party is a senior
advocate. Equal attention for all irrespective of their position is
expected from an incumbent of the Bench.

5. Not to be Over Sensitive: A judge should not be over sensitive to

the criticism keeping in mind that to err is human being and being
humans, advocates are also susceptible to committing some faults. The
judge has to play a very temperate and sober role in the dispensation of
justice to the society which he can fulfill by observing sober, cordial and
impartial behavior towards the lawyer at large.

CASE LAW : Prem Surana Vs. Addl. Munsif & Judicial Magistrate, 2002
(4) RCR (Cri) 272 - In this case Supreme Court observed that "the judge
shouldnot be hypersensitive but that doesnot mean and imply that they
ought to maintain angelic silence also.It is the of the judicial system
which needs protection. Nobody can be permitted to tarnish the image
of the temple of justice."

A judge is required to maintain decorum and sanctity which are

inherent in judicial discipline and restraint.

6. Independence- Judges have primary responsibility to protect and

preserve the independence of judiciary.
7. Knowing in Law- 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.

8. 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, new cases should not get into arrears.

9. Proper Interpretation: During the process of administration of justice,

often the courts have to interpret the Act, Rules, Codes, Regulations,
Orders, Notifications, Circulars, Bylaws etc. in order to ascertain the
actual meaning of the provisions or to remove the ambiguity or
inconsistency. In such cases proper interpretation should be given with
the object of rendering complete justice to the parties.The
Interpretation should be Just and Progressive.

10. Judicial Respect: Just like the Advocates are giving respect to the
Judges, the Judges should also give respect to the Advocates and the
brethren Judges.

11. 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. They should give sufficient opportunity for the
Advocates to present the case in full.

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.

13. Integrity: A Judge should be honest and morally upright. He should

have personal and intellectual integrity. His character and conduct
should be praise worthy.
14. AVOIDANCE OF INTERRUPTIONS : As far as possible, Judges must
avoid interruptions while the Advocate is examining witnesses and
arguing the case. Unwarranted interference and adverse comments by
the Judges may upset the Advocates and thereby he may not be able to
present the case properly. Interference of a Judge may be limited to the
following circumstances:-

a) To prevent repetition and waste of time.

b) To check the relevancy

c) To get clarifications

d) To express courts view on a point

e) To promote speedy disposal of the case.

15. 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 causing hardship to the parties.

16. Avoiding Unwarranted Comments: Judges should not make any

unwarranted comments in the open court about the Advocate’s 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.

17. 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.

CONCLUSION

The Bar and Bench play important role in the administration of Justice.
The Bench i.e., the judges, adjudicate and the Bar i.e., the lawyers
advocate. The Judges administer the Law with the assistance of the
Lawyers. The Lawyers are officers of the Court. There must be
constructive cooperation, trust, amicableness, mutual respect, and
harmonious relations between bar and bench for the dignity, integrity
and honour of justice.

Bar and Bench are the two wheels of a chariot. Both of them are equal.
The Chariot of justice cannot advance unless its two wheels i.e., the
Bench and the Bar not only move in cooperation but also in
coordination with each other. Mutual respect is necessary for the
maintenance of the cordial relations between the bench and bar.

If an independent judiciary is the backbone of democracy, an

independent bar is the foundation of the independent Judiciary. A free
and fearless Bar is not to be preffered to an independent judiciary, nor
an inedependent judiciary to a free Bar. Neither has a primacy over the
other. Both are indispensable to a free society. The freedom of the Bar
presupposes an independent judiciary through which that freedom
may, if necessary, be vindicted. One of the potent means for assuring
judges of their independence is responsible, well behaved, cultured and
learned Bar. Finally, reciprocal adjustment of conduct by the Bench and
the Bar is the keystone to the smooth functioning of Courts in general
interest of the society.