Name: Aishwarya Khare
Roll no: 12
Class: 2nd Year; Sem IV (BBA-LLB)
Subject: CLE-II Assignment
Topic: Bar and Bench Relationship
College: Mumbai University, Thane sub-campus
INTRODUCTION
Attainment of justice for all the parties of the case and the society at a large is the
main objective of our judicial system. The Bar and Bench are the essential
partners for fulfilling this objective of our judicial system, with the judiciary at the
top of a vibrant bar. Both the partners must have mutual understanding and
respect between each other, and each partner has its duties which they should
perform diligently and effectively in order to enable the system to function in its
best way. Failure of performing any duty by anyone partner will affect the other
partner naturally. Thus it’s the duty of both the partners’ i.e. the Bench and Bar to
perform their work diligently effectively, and honestly in order to achieve justice
in society.
(i) Bar :
Advocates are enrolled by the State Bar Council as such, on getting L.L.B
degree from a University and getting a certain training under some advocate as
prescribed by rules. The advocates are known as the 'Bar' as a whole body of
advocates and an advocate represents the Bar. In short, Bar is a collective term
for the attorneys who are licensed to practice in the Courts, or a particular court,
of any state.
(ii) Bench :
Bench means all the judges taken together as distinguished from the ‘Bar’
the name for all the members of the legal profession-bench is that part of the
court considered in its official capacity, while the judges are sitting. The earlier
meaning of Bar contained the part of Bench also at the present term ‘Bar’ is
applied for the attorneys part of the court and the term is used for the judicial
officers part of the Court.
2) Role of Bar Bench in Administration of Justice
The Bar and Bench play important role in the administration of justice.
According to Justice C.L. Anand, there is no office in the State of such power as
that of the Judge. Judges hold power which is immensely greater than that of any
other functionary. The common people's life, and liberty, personal
domestic happiness, property, and reputation subject to the wisdom of the
judges and hang citizens on their decisions. If judicial power becomes corrupt no
security is left of life, liberty expires, and there no guarantee is left of personal or
domestic happiness. A strong powerful, impartial active and the capable judiciary
is the greatest need of a State. On the account of the importance of the judges in
the maintenance of the orderly society, judges should perform their duties.
Like Judges, Advocates also plays important role in the administration of
Justice. Advocates are officers of the Court, they are expected to assist the Court
in the Administration of Justice. Advocates collect materials relating to the case
and thereby assist the Court in arriving at a (conclusion) correct judgment. An
advocate is a partner with the judiciary in the administration of Justice.
3) Bar-Bench Relations:
Administration of Justice is not something which concerns Bench only. It
concerns the Bar also. Mutual respect is necessary for the maintenance of the
cordial relations between the Bar and Bench. Advocates and Judges are
complementary to each other. Bar is the Principal ground for recruiting Judges. So
they both belong to the same community. Bar and Bench should maintain cordial
relations with each other. But on account of nature of duties to be discharged by
advocates and judges, they may get into dialogues sometimes, humorous,
sometimes heated and sometimes harsh.
Scandalizing of the court by an advocate is really polluting the very foundation
of justice and such conduct by an advocate brings disrepute to the whole
administration of justice.
The attitude of an Advocate towards the Court should be one of the
uniform respect, whatever the status of the Court. Advocates Private opinion
about the Presiding officer, he must not show in its behavior because he has to
uphold the dignity of the judiciary as an institution. At the same, it is equally the
duty of the judiciary not only to be polite towards the members of the Bar but to
do everything possible to advance ints high traditions.
The uncourteous conduct or misconduct of a lawyer or judge may amount to
contempt of Court, there are two types of Contempt of Court. For example, using
insulting language against a judge or threatening him with transfer or
impeachment or addressing the judge in a loose manner or questioning his
authority to ask questions or making scandalous allegations against a judge etc. It
amounts to contempt of Court. He is liable for his uncourteous act and punishable
for such contempt of Court. The punishment for contempt of Court is intended to
protect the public confidence in the system of Administration of Justice.
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.
