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Bench Bar Relation

The document discusses the relationship between judges (the bench) and lawyers (the bar) and the importance of mutual respect between the two groups for the fair administration of justice. It notes that lawyers are officers of the court who assist judges in administering the law, and both groups play complementary roles. While lawyers have a duty to zealously advocate for their clients, they must also be fair to the court and opposing parties. The document also emphasizes that an independent judiciary relies on a free bar to function properly, and neither group should have primacy over the other. Maintaining professional etiquette and recognizing each other's importance helps minimize confrontations between the bench and bar.

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Prerana Chhapia
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262 views

Bench Bar Relation

The document discusses the relationship between judges (the bench) and lawyers (the bar) and the importance of mutual respect between the two groups for the fair administration of justice. It notes that lawyers are officers of the court who assist judges in administering the law, and both groups play complementary roles. While lawyers have a duty to zealously advocate for their clients, they must also be fair to the court and opposing parties. The document also emphasizes that an independent judiciary relies on a free bar to function properly, and neither group should have primacy over the other. Maintaining professional etiquette and recognizing each other's importance helps minimize confrontations between the bench and bar.

Uploaded by

Prerana Chhapia
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Bench Bar Relation:

Bar-Bench Relation in law refers to the cordial relationship between the Advocates and the Judges. The
Bar (Advocates) and Bench (Judges) play an important role in the administration of justice. The judges
administer the law with the assistance of the lawyers. The lawyers are the officers of the court. They are
expected to assist the court in the administration of justice. As the officers of the court the lawyers are
required to maintain respectful attitude toward the court bearing in mind that the dignity of the judicial
office is essential for the survival of the society.

Mutual respect is necessary for the maintenance of the cordial relations between the Bench and Bar.
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 Others1 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 1 AIR 1998 SC 283. and properly and should not be interrupted by the judges
unless the interruption is necessary." 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." It may, however,
be noted that the presence of professional etiquette coupled with recognition by judiciary of the
importance of an independent Bar, will work together to minimise the possibility of confrontation
between the Bench and the Bar.

To conclude this part we can say that, a free and fearless Bar is not to be preferred to an independent
judiciary, nor an independent judiciary to a free bar. Neither has a primacy over the other. Both are
indispensable to a free society. The freedom of the Bar presupposes an independent judiciary through
which that freedom may, if necessary, be vindicated. One of the potent means for assuring judges of
their independence is responsible, well- behaved, cultured and, learned Bar. Finally, reciprocal
adjustment of conduct by the Bench and the Bar is the keystone to the smooth functioning of courts in
general interest of the society.

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