DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

PROFESSIONAL ETHICS
FINAL DRAFT

TOPIC: RELATIONSHIP BETWEEN BAR AND BENCH

Submitted to- Submitted by-

Dr. Manoj Kumar Tulika Gupta

Assistant Professor of Law Roll no.-150

Dr. Ram Manohar Lohiya National Law B.A.LL.B. (Hons.) 5th year

University, Lucknow IX semester

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 ACKNOWLEDGEMENT

“Words can never convey what deeds have done.”

Writing a project is never a single man’s job. I am overwhelmed in all humbleness and
grateful to acknowledge my depth to all those who have helped me to put ideas, well above
the level of simplicity and into something concrete.

I am very thankful to my law professor Dr Manoj Kumar for his valuable help. He was
always there to show the right track when I needed his help. With the help of his valuable
suggestions, guidance and encouragement, I was able to complete this project. I would also
like to thank my friends, who often helped and gave me support at critical junctures during
the making of this project.

I hope you will appreciate the hard work that I have put in this project.

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 TABLE OF CONTENTS

INTRODUCTION......................................................................................................................4

ROLE OF BAR AND BENCH IN ADMINISTRATION OF JUSTICE..................................4

BAR-BENCH REALATIONSHIP............................................................................................5

ROLE OF THE BAR IN STRENGTHENING THE BAR-BENCH RELATION....................7

ROLE OF THE BENCH IN STRENGTHENING THE BAR-BENCH RELATION..............8

SUGGESTION.........................................................................................................................10

CONCLUSION........................................................................................................................10

REFERENCES.........................................................................................................................10

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 INTRODUCTION

For the administration of Justice, the judicial system is composed of the judges and the
advocates who assist the judiciary in dispensing justice through discharging their duties. The
Bar and the Bench are two elements of the same system, and without them, justice cannot be
efficiently administered in the courts.

1. Bar – Advocates are registered by the State Bar Council as such after receiving their
degree of L.L.B from a university and receiving a specific amount of training under
the supervision of an advocate as stipulated by the rules. The advocates are
collectively referred to as the ‘Bar,’ and an advocate is designated as the
representative of the Bar. For the most part, the term “Bar” refers to an association of
attorneys who are licensed to practice in the courts, or a specific court, of any state.

2. Bench – The term “bench” refers to all of the judges taken together, as opposed to the
term “Bar,” which refers to all members of the legal profession. The term “bench”
also refers to the key component of the court deemed in its official capacity while the
judges are sitting. The term ‘Bar’ was originally used to refer to the part of the court
that dealt with attorneys. However, the term is now used to refer to the part of the
court that deals with judicial officers, which is known as the Bench.

The Bar and the Bench are considered as the two wheels of a chariot that play a role in
administering the law. Both are subordinate to and interrelated to one another in their
respective roles. In law, the term “Bar-Bench relationship” pertains to the friendly
relationship that advocates have with judges. The Bar (advocates) and the Bench (judges)
both play critical roles in the administration of justice. Maintaining cordial relations between
the Bench and the Bar requires respect and understanding on both sides of the bench and bar.

ROLE OF BAR AND BENCH IN ADMINISTRATION OF JUSTICE

The practice of law and the administration of justice is vitally important to each other. There
is no other office in the state that possesses the same level of authority as that of the judge.
Judges carry enormous power, far exceeding that of any other official in the government or
military. The common people’s lives and liberty, individual domestic happiness, property,
and public image are subordinate to the judges’ wisdom, and citizens are held accountable for

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their judgments. If judicial power is corrupted, there is no longer any assurance of life, liberty
is forfeited, and there is no longer any guarantee of personal or domestic happiness. A strong
judiciary that is active, unbiased, and competent is the most important thing a state can have.
Judges must carry out their responsibilities due to the importance of judges in the
maintenance of civil and orderly society.

The administration of justice is not limited to the courtroom. It also has significance for the
Bar. The preservation of cordial relations between the Bar and the Bench necessitates respect
and understanding on both sides of the bar. The roles of attorneys and judges are
supplementary to one another. The primary source of judges’ recruitment is the legal
profession. As a result, they are both members of the same community. The Bar and bench
need to sustain cordial relations with one another. However, because of the nature of the
responsibilities that attorneys and judges must fulfill, they may engage in dialogues that are
sometimes amusing, sometimes heated, and sometimes tough.

BAR-BENCH REALATIONSHIP

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.

Scandalising 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 respects,
whatever the status of the Court. Advocates Private opinion about the Presiding officer, he
must not show in its behaviour because he must 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 high traditions.

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The opinion of our Supreme Court in the context of Bench- Bar Relation has been clearly laid
down in P.D. Gupta v. Ram Murti and Others 1 as follows: "A lawyer owes a duty to be fair
not only to his client but also to the court as well as to the opposite party in the conduct of the
case. Administration of justice is a stream which has to be kept pure and clean. It has to be
kept unpolluted. Administration of justice is not something which concerns the Bench only. It
concerns the Bar as well. The Bar is the principal ground for recruiting judges. Nobody
should be able to raise a finger about the conduct of a lawyer. Actually judges and lawyers
are complementary to each other. 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. Good and strong advocacy by the counsel is necessary for the good
administration of justice. Consequently, the counsel must have freedom to present his case
fully

In Mahant Hakumat Rai v. Emperor2 the Lahore High Court had held that "Without failing in
respect to Bench, it is the duty of the members of the Bar to assert their just rights to be heard
by the tribunal before which they are practising. They should be fearless and independent in
the discharge of their duties, and would be perfectly right in protesting against irregular
procedure on the part of any judge; and if the advocate is improperly checked or found fault
with, he should vindicate the independence of the Bar. He would be perfectly justified in
insisting on getting a proper hearing and he would be perfectly right to object to any
interruption with the course of his argument such as to disturb him in doing his duty to his
client. Plenary powers vested in the Presiding Officer of the Court, apart from the fact that
they have rarely been used against members of the legal profession so far, should only be
used to vindicate the honour of the court or to satisfy the necessities of public justice and not
as a matter of course."

1
AIR 1998 SC 283.
2
AIR 1943 Lahore 14.

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 ROLE OF THE BAR IN STRENGTHENING THE BAR-BENCH RELATION

Advocates are court officers, and they are required to aid the court in the administration of
justice on behalf of the court. Advocates gather resources relevant to the case to aid the court
in reaching an (outcome) in the case. An advocate works in collaboration with the judiciary to
ensure that justice is administered properly. Advocates, like judges, play a significant role in
the administration of justice. An advocate has to practice the following steps to preserve and
strengthen the relation between Bar and Bench:

 They should show reverence to the judges and refrain from disparaging the judges or
the judiciary in any way whatsoever.

 They should assist the judges in the court hearing of the cases by conveying the
relevant law accurately and understandably during the trial. They should never behave
in a way that would displease the judges.

 If the judges make a mistake in their decision, they should not be criticized. They
should attempt to correct the error in the order by filing an appeal.

 They should not exert stress or control on the judges to obtain a favourable order. An
advocate should refrain from seeking to manipulate the verdict of the court through
the use of illegal or inappropriate means.

 If the judge’s conduct is annoying and disrespectful to the advocates, they should
refrain from engaging in violent talks with the judge in question. The issue should be
addressed with the judge in his chambers, and the Bar Association should make a
formal request that such misbehaviour not be repeated.

 It is the responsibility of an advocate to make every effort to constrain and avert his or
her client from engaging in unfair practices with the court.

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 ROLE OF THE BENCH IN STRENGTHENING THE BAR-BENCH RELATION

A judge is a public official who hears and decides cases in the court of law, thereby resolving
a legal dispute. Judges wield enormous power, far exceeding that of any other official in the
government or military. A judge must practice the following steps to preserve and strengthen
the relation between Bar and Bench:

 In the same way that the advocates respect the judges, the judges should respect the
advocates as well.

 It is important for judges to approach the case with an open mind and to do so without
bias or prejudice, as appropriate. They will act in a manner that is beneficial to the
interests of justice. They will give the advocates sufficient time to present their case in
its entirety.

 Judges are expected to act in a fair and unbiased manner. They are not permitted to
act in the interests of any prosecutor or party to the dispute.

 When required, judges should refrain from interfering with the lawyer’s interviews of
witnesses and presentation of the argument. A lawyer’s professional reputation may
be harmed by undue intrusion and disparaging messages from the judges, and he may
be unable to effectively present the case. In most cases, a judge’s intervention is
confined to the following factors: avoiding reiteration and time-wasting, checking for
pertinence, providing clarification, sharing an opinion of the courts on a particular
point, and promoting the expeditious disposition of the case.

 In the course of administering justice, the courts are frequently called upon to
decipher the law’s rules, directives, regulations, codes, bylaws, circulars, notices, and
other documents to determine the true significance of the statutes or to clear up
confusion or incoherence in the legislation. In these instances, a proper explanation
should be provided to provide full justice to the parties involved in the situation.

 Adjournments are granted to allow the parties a reasonable amount of time to present
their arguments. Cases will not be adjourned where possible unless there are
reasonable and appropriate grounds to do so. Excessive postponement of cases, which

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 causes the parties to suffer financial difficulties is the most common cause of
mounting backlogs in the court system.

 The case of ‘justice deferred is justice denied’ will also be resolved as soon as
possible as well. When older cases are given priority over new cases, new cases
should not fall behind in their disposition.

 Judges should refrain from making unjustified public remarks about a lawyer’s lack of
legal insight in open court. They should not ask any lawyer to leave the trial unless
they have a compelling reason to do so. Likewise, they should not request that any
advocate not appear in his or her court in the future.

 Judges will have a thorough understanding of the law. They should be able to apply
the appropriate legislation to the evidence available and come to the best possible
conclusion on the matter.

 The foremost duty of ensuring and preserving judicial independence relies upon the
judges who preside over the courts.

 A judge’s moral responsibility and honesty should be unquestionable. He should be

treated with respect, both personally and intellectually. There should be something to
commend about the character and the action.

 This entails a lot of hard work and extensive research done on a regular and
comprehensive basis. A judge’s knowledge should be kept up to date with the most
recent advancements and transformations in legislation by continuously reviewing it.

 Briefings of judges and advocates are scheduled at regular intervals to strengthen the
relationship between the Bar and the Bench. During these sessions, the problems of
the opposing sides can be discussed, and the differences can be resolved through
discussion.

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 SUGGESTION

In the administration of justice, the Bar and the Bench play a vital role in being the two most
important organs; they share a common duty in ensuring that justice is administered properly
and effectively. Given the fact that both are national assets of our nation, they must therefore
coordinate and work cooperatively with one another, as well as stay cautious together, in
order to safeguard judicial independence.

A reputed and unbiased judiciary, as well as a powerful bar, are required to maintain the
system of democracy and independence under the rule of law in the country. Furthermore, the
lawyers must have the impression that they were given a fair court hearing and that their
issues would be addressed by an unbiased and credible attorney, among other things.

It is critical for the productive discharge of the court’s duties that the high level of optimism,
prestige, and dignity that they have admired throughout their careers be sustained and not
weakened in any manner. Whether it is judges or lawyers, they bear the main duty of
administering and maintaining the public’s trust in the courts.

CONCLUSION

An ordinary citizen has faith and confidence in the country’s judicial system. It is the
responsibility of both the Bench and the Bar to uphold and strengthen the rule of law through
their dedication and behaviour. To ensure the independence of the bar, an independent
judiciary must be in place, which can be used to defend that independence if required. One of
the most effective methods of guaranteeing judges’ independence is to have a responsible,
well-behaved, sophisticated, and learned Bar. In the end, the mutual adjustment of behaviour
by the Bench and the Bar is the cornerstone of the polished operation of courts in the overall
interest of society.

REFERENCES

 https://nji.gov.ng/images/Workshop_Papers/2016/Refresher_Magistrates/s01a.pdf
 http://www.allahabadhighcourt.in/event/RoleoftheBenchandtheBarMHBeg.pdf

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 https://www.livelaw.in/top-stories/attitude-of-mutual-respect-between-bar-bench-
necessary-functioning-judicial-system-cji-bobde-farewell-speech-173021

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