Professional Documents
Culture Documents
5 6082509212598930777
5 6082509212598930777
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.
In Calabar East Cooperative Thrift & Credit Society Ltd. V. Ikot (1999) case the Supreme Court
of Nigeria has summed up the respective duties of Bar and Bench in the administration of justice
thus :
“In our Adversary system, the object of adjudication is that the party shall come to the court with
his case which will make the opposite party respond to the case filed by the party, and then the
judge, will adjudicate on the issues in controversy impartially.”
The Bench, i.e. the place where the judges take their seat.
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.
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.
Impartiality
Judges shall act impartial, and shall not do anything in favor of his friend and relatives, he must
do everything for justice.
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:
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.
Independence
The protection of the independence of the judiciary should be the prime duty of the judge.
Integrity
The character and the conduct of a judge shall be praiseworthy, and he should have personal and
intellectual integrity.
Industriousness
A judge should regularly update his knowledge and should know all the recent developments and
changes made in the law.
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.
Efforts shall be made by advocates in order to prevent his/her client from adopting unfair
practices concerning the court.
By any illegal or improper means, an advocate shall not try to influence the judgment of the
court.
Dignity and self-respect shall be maintained by an advocate while presenting his/her case in front
of the judge.
An advocate shall help the court in the trial of the case by presenting clearly the laws which are
relevant to the particular case.
An advocate shall not present any fact in front of the court which he knows to be false.
An advocate shall not ask for an adjournment of the case without any sufficient reason.
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.
If an advocate knows a judge personally he should not practice before him.
An advocate shall not interrupt in between when an opposite council or judge is speaking.
If an advocate has a monetary interest in any case, he shall not plead in such a case.
An advocate shall not represent any organization or institution if he is a member of the executive
committee of such an organization or institution.
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.
What judge requires from an advocate
An advocate is found to be useful and effective by the judge if he satisfies all the needs of the
judge, and a judge requires an advocate to help him in reaching the conclusion of the case and
thereby helping in the performance of his own role. It’s impossible for an advocate to do so
unless he is equipped with the required skills.
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.”
In the case of Mahant Hakumat Rai v. Emperor the high court held that :
“An advocate can claim their right to be heard by the court before which they are practicing
while performing their duty they shall be fearless and independent, and also they have the right
to protest against any irregular procedure done by any judge. He would be perfectly right in
asking for getting a proper hearing and objecting to any interruption made by the judge in order
to disturb him while he is arguing the case in court and performing his duty towards the client.
However, the presence of professional etiquette coupled with the recognition by the judiciary
will help in reducing the conflicts between the Bar and Bench”.
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.
References
http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-
b9de496f8751/Custom/P.E.%20UNIT_3.pdf
https://www.iomlawsociety.co.im/wp-content/uploads/2015/03/Duties-of-Advocates-to-the-
High-Court-Amended-September-2017.pdf
http://www.allahabadhighcourt.in/event/RoleoftheBenchandtheBarMHBeg.pdf