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BenchBarRelationship|Legal360

BenchBarRelationship
The Bench and Bar occupy significant role in the administration of the Justice. Its wide purpose throughout has
been to recognize all those goals which are labeled Justice. The judges administer the law with the assistance of
the lawyers. The Lawyers are officers of the court as affirmed by the Apex Court in L.M Das v/s Advocate General
that they are likely to accommodate the court in the administration.
Meaning of Bar & Bench:
Bar: Bar means a faction or association of Lawyers or Advocates. When used in relation to court, it means
lawyers, Advocates, Lawyer or where Lawyers assemble in the court or in court complex.
Bench: Bench signifies Judges, the Judge in the court or where Judge sits in the court or in court complex.
Duty of Lawyers or Advocates toward Bench:
Essentially duty of the lawyers or Advocates is to collect material relating to the case and thus
assist the court in arriving at accurate judgement, so Justice to be given to the aggrieved party. The Legal
Profession has not been formed for private gain but it is created for public good and to serve the humanity in
enhanced manner. Lawyers or Advocates are limb of the administration of justice. Alone Bench or Bar cannot
provide justice to the society.
Since the lawyers or Advocates are officers of the Court, it is their duty to maintain respectful
attitude towards the Court and at the same time to it is the duty of the lawyers to maintain the dignity of the
judicial officer in the court room and among general public. Any lawyer or Advocate should not adopt any
improper or illegal mean to influence the decision of the Court and it is the duty of the lawyer, to restrain and
prevent his/her client from practicing any unfair mean in relation to the Court.
An Advocate or lawyer should always implement his/her own judgement in relation to the
case, when dealing in the court. He/She should not consider himself/herself sheer spokesperson or mouthpiece
of the client. Any Advocate or lawyer should not use restrained language in the Court and at the same time
lawyers should not use immoderate language during arguments in the court with the fellow lawyer or with
judicial officer.
It is the duty of the Advocate to make correct statement of facts & circumstances of the
case and one should not twist them and present them in the court. An Advocate or lawyer should not misguide
the court about the real facts of the case. An Advocate or lawyer is under compulsion to be absolutely fair to the
court, because Court acts on the statements of the advocates.
An Advocate or lawyer should always have in mind that he is an officer of the court and
branch of the administration of justice. If the Courts or Judges are not respected, the entire administration of
justice, of which he is a part, will result in the entire loss of the rule of law. Many duties of the lawyers to the
Court have been categorized by the Bar Council of India, The violation of such duties is taken as professional
misconduct and is punished in accordance with the provisions of the Advocates Act, 1961.
Duty of Bench:
In the maintenance of rule of law, which is essential for the existence of orderly society, the
Judges play vital role in the maintenance of rule of law. According to Mr. C.L. Anand, that there is no office in the
state of such power as that of the judge. Judges hold power which is immensely greater that of any other

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BenchBarRelationship|Legal360

functionary.
A Judge must do everything for justice, in unbiased way; A Judge should not be prejudiced
by any mean other than authority of law & Justice. Every Judge must discharge his duties with no fear, favour or
any ill- will manner. A Judge should always own calm manner. A Judge should always have in mind the statement
of George Sharswood, that where passion is allowed to prevail, the judgement is dethroned.
A Judge should always provide complete opportunity to the advocate or party to present his
case. A Judge should avoid irregular interruption in the Counsels arguments. As published in the book Legal
Ethics by Dr. Kailash Rai, According to the Role of the Bar in the Process of Elevation, A.I.R. 2003 Journal 357,
Justice R.J. Kochar has observed:
If the independent judiciary is the pillar of democracy, the Bar is the
foundation of the independent Judiciary. 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 reflected therein, and it is for the Bench to
nurse and nourish the merits of the Bar.
It is the right of the counsel to present the case in the Court and counsel should be given
reasonable opportunity and it is the duty of the Judge to respect its privilege. Judge should always respect
advocate or lawyer and should not be harsh in the court. A Judge should always avoid interruption at the time
when counsel is doing arguments and in the examination of witnesses. A Judge should always interrupt only to
avoid irrelevancy and repetition of the facts.
As published in the book Legal Ethics by Dr. Kailash Rai, Apex Court has observed in the
case of P.D. Gupta v/s Ram Murti, AIR 1998 SC 283, that administration of justice is stream which has to be kept
unpolluted. Administration of justice is not something which concerns the Bench only. It concerns the Bar as
well. Bar is the principal ground for recruiting Judges. No one should be able to raise a finger about the conduct
of the 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 and properly and should not be
interrupted by the Judges, unless the interruption is necessary.
In another case Hukumat Rai v/s The Crown, AIR 1943 Lah 14, the court has observed, that 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 lawyers respect in the eyes of his clients and the general public with
whom he has to deal in his professional capacity.

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