BAR AND BENCH RELATION

PRESENTATION BY:BASANT MARKAM

 • BAR & BENCH RELATION

• MEANING OF BAR

• MEANING OF BENCH
TABLE OF • MEANING OF COURT & KINDS
CONTENTS • THE BAR AND BENCH RELATION
AND THE ROLE OF BAR & BENCH

• ROLE OF JUDGES

• DUTIES OF JUDGES

• DUTTIES OF ADVOCATES

• CONCLUSION
 • Bar and Bench are two different elements
with a common objective of
administering justice in society. Bar, the
BAR-BENCH term finds its origin in England, was used
to differentiate a group of lawyers from a
RELATION group of court officers. It is a group of
lawyers enrolled with the state bar
council who have permission to practice
the profession in court. In simple terms,
Bar is a place where lawyers take their
place in a courtroom. The Bench is a
place where judges take their seats in the
courtroom. It is applied to differentiate
between judges and attorneys.
 • Bar is a collective term for the attorneys who
are licensed to practice in the Courts, or a
particular court, of any state. The term 'Bar'

MEANING OF was originated in England with the partition of

Bar fixed for dividing the court hall into two
BAR parts for the purpose of separating lawyers and
officers of the court from suitors and other
general public. The same dictionary has also
defined the ‘Bar’ as the whole body of lawyers
qualified to practice in a given court or
jurisdiction; the legal profession or an
organized sub-set of i.e.. the judge, the
attorneys, the court officer and members of the
jury. At present Bar means a particular
part of court room where lawyers sit.
 • Bench means all the Judges taken together as
distinguished from the 'Bar' the name for all
the members of the legal profession Bench is
MEANING OF that part of Court considered in its official
capacity, while the Judges are sitting. The
BENCH earlier meaning of Bar contained the part of
Bench also and at present the term 'Bar' is
applied for the attorney part of Court and the
term Bench is used for the judicial part of the
Court.

• As stated above, the term "Bar' has been

coined to the legal practitioners ie. advocates
collectively, while the term "Bench' has been
coined to the Judges collectively.
 • Court is a place where legal cases are heard by those
persons (Judges, Magistrates or other Officers) while
the lawyers participate as officers of the Court to assist
the Court in an appropriate manner in the
MEANING OF administration of Justice.

COURT • A court is any person or institution, often as a

government institution, with the authority to adjudicate
legal disputes between parties and carry out the
administration of justice in civil, criminal, and
administrative matters in accordance with the rule of
law.[1] In both common law and civil law legal systems,
courts are the central means for dispute resolution, and
it is generally understood that all people have an ability
to bring their claims before a court. Similarly, the rights
of those accused of a crime include the right to present a
defense before a court.
 • (1) Courts of inquiry - A Court which makes
preliminary investigations of charges. In
military or naval, these Courts deal with
KINDS OF COURT cases of indiscipline etc.

• (2) Court of record - A Court whose

proceedings are recorded permanently and
which has the power of punishing for
contempt of Court.

• (3) Court not of record - A Court of limited

and inferior jurisdiction.
 • Bar Bench relations refer to the dynamic interaction
and cooperation between lawyers (the Bar) and judges
(the Bench) within the legal system. This relationship
is fundamental to the administration of justice.
BAR & BENCH Lawyers represent their clients’ interests in court,

RELATIONS? while judges make impartial decisions based on the

law. Maintaining a respectful and collaborative
partnership between the Bar and the Bench is crucial
for the effective functioning of the legal system.

• It ensures that cases are heard fairly, legal principles

are upheld and justice is served. Communication,
professionalism and mutual respect are key elements
in fostering a strong Bar Bench relationship, which
ultimately benefits the legal profession and the
individuals seeking justice.
 • As per 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
ROLE OF JUDGE citizen's life and liberty, reputation and
property, personal and domestic happiness are
all subject to the wisdom of the Judges and
hang on their decisions. Where judicial power
becomes corrupt, liberty expires, no security is
left of life, reputation and property and no
guarantee is left of personal or domestic
happiness. A strong impartial and capable
judiciary is the greatest need of a State.
 • 1. A Judge must discharge his duties without fear or
favour, affection or ill will.

• 2. A Judge must be impartial and must do everything for

DUTIES OF justice and nothing for himself or his friend or his

sovereign.
JUDGES • 3. A Judge should have patience and gravity of hearing.
He should allow the advocate or party fullest opportunity
to present his case.

• 4. A Judge should sit with a receptive mind. No Judge

should form opinion regarding merit of the case till he
has heard the parties.

• 5. A Judge should avoid controversial manner or tone in

addressing counsel litigant or witnesses.

• 6. No Judge should desire that the Bar should be servile.

 • 1. As the advocates are officers of the Court, they are required to
maintain towards the court respectful attitude bearing in mind that
the dignity of the judicial office is essential for the survival of the
society.
DUTIES OF • 2. An advocate is required to conduct himself with dignity and self-
ADVOCATES respect during the presentation of the case.

• 3. An advocate should not influence the decision of the Court by any

illegal or improper means.

• 4. An advocate should not communicate with a Judge relating to a

pending case.

• 5. An advocate should make his best efforts to restrain and prevent

his client from resorting to unfair practices in relation to the Court.

• 6. an advocate should make accurate statements of facts and should

not twist them.
 • 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 behavior. To ensure the
CONCLUSION independence of the bar, an independent
judiciary must be in place, which can be used
to defend that independence if required. In the
end, the mutual adjustment of behavior by the
Bench and the Bar is the cornerstone of the
polished operation of courts in the overall
interest of society.
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