About Me

The Importance of Bar and Bench Relations


source- barandbench

The Bar and Bench relations are of supreme importance in the Indian Legal System. The Bar consists of the advocates that represent their clients in the courtroom, while the Bench consists of the judges who help those people in achieving justice. Both the advocates and the judges work together for the administration of justice and it is crucial that both maintain a dignified and respected relationship. To maintain this relation, it is essential that both the advocates and the judges fulfil their duties respectively.


Let us understand some of the duties of the advocates- the advocates shall always respect the bench and their time and approach towards the matter. The advocates should make sure to stand whenever they are addressing the bench. It is also the duty of the advocates to not take up any frivolous matters and to not indulge in any unlawful activity. The respect towards the court and the profession is of supreme importance. Apart from several behavioural traits and manners, the advocates should while representing a case, be aware of the overruled judgments and should update the judges about these rulings as well. They assist the court in arriving at the correct judgment.


In the case of LM Das v. Advocate General Orissa, the Supreme Court (1957) held that the advocates are officers of the court and play a vital role in achieving justice. In the case of Advocate General v. Amanullah, the Madras High Court (1987) held that the advocates help in the administration of justice to the citizens of the country.


Just like the duties of the advocates, there are several duties that the judges ought to follow- the judges should be impartial, unbiased and uninfluenced at all times. They should not have any sort of fear and refrain from favouring anyone. They require a strong level of patience and gravity of hearing.


Further, a well-known jurist- CL Anand, made certain observations about the duty of the judges. These include owing courtesy and consideration to the bar, respecting the privileges that they get because of being a part of the bench, they should sit in the courts with a receptive mind, they should also try not to interrupt the counsels who are making representations in the court. It is also the duty of the judge to avoid any controversial talk and tone with the people of the court. At the same time, they should show the utmost respect towards the advocates so that their dignity remains high in the eyes of their clients.

In the case of P.D. Gupta v. Ram Murti, the Supreme Court held that the administration of justice is a stream that must be kept pure and clean. It not only concerns the bench but the bar as well. Judges and lawyers should complement each other and that is the sort of relationship that they should maintain. The advocates have the role of informing the court about the law and facts of a case and thereby aid the court in arriving at a correct decision. The relationship between bar and bench is thus extremely important in the administration of justice.


Post a Comment