Bar & Bench Relationship

1. Introduction
UNIVERSAL DECLARATION OF HUMAN RIGHTS recognizes as the
fundamental principle that everyone is entitled in full equality to a fair and
public hearing by an independent and impartial tribunal, in the
determination of rights and obligations and of any criminal charge.
The Bar and Bench are two wheels of a chariot involved in the dispensation
of justice. Both are supplementary and complementary to each other.

2. Justice
Justice has been pictured in Roman mythology as a goddess wearing a
blindfold and holding scales. The scales denote the weightage and balance
of rights and privileges. The judge and the lawyer via this weight and
balance togetherly are building an epitome of justice. • This epitome is
foregoing in the process of justice. It reproduces itself generation after
generation. In this perspective, the lawyer and the judge are, together,
carving for tomorrow’s chronicle yesterday’s experiences in the laws; and
their daily labors, though seeming at times tedious, uninteresting, andnot
worthy but will ultimately play a part in the future of mankind.

3. Bar and Bench

(i) Bar :

Advocates are enrolled by the State Bar Council as such, on getting L.L.B
degree from a University and Bar is a collective term for the attorneys who are
licensed to practice in the Courts, or a particular court, of any state. 

(ii) Bench :

           Bench means all the judges taken together as distinguished from the ‘Bar’
the name for all the members of the legal profession-bench is that part of the court
considered in its official capacity, while the judges are sitting.
 The faith of the general public on the judiciary mainly depends on the
cordial relationship between the Bar and Bench i.e the Lawyers and the
Judges who are equivalently working in the Administration of Justice and
rendering the same as well.

Role of the Bench to Strengthen Bar–Bench Relations

1. JUDICIAL RESPECT- Just like the Advocates are giving respect to the
Judges, the Judges should also give respect to the Advocates including the
other staffs in the Administration of Justice.

2. PATIENT & BRIEF HEARING- Judges should hear the case with open
mind without any prejudice and bias.

3. IMPARTIALITY- Judges shouldn’t act partially.

4. AVOIDANCE OF INTERRUPTIONS- Interference of a Judge may be

limited to the following circumstances:- a) To prevent repetition and waste
of time. b) To check the relevancy c) To get clarifications d) To express
courts view on a point and e) To promote speedy disposal of the case.

5. JUST AND PROGRESSIVE INTERPRETATION-The prima facie

objective should be of rendering justice.

6. AVOIDANCE OF UNREASONABLE ADJOURNMENTS- Adjournments

are given to afford reasonable opportunity to the parties to present the case.

7. SPEEDY DISPOSAL- ‘Justice delayed is justice denied’, hence cases

should be disposed off quickly as possible.

8. INDEPENDENCE- Judges have primary responsibility to protect and

preserve the independence of judiciary.

9. INTEGRITY- A judge should be honest and morally upright.

Role of the Bar to Strengthen Bar–Bench Relations

1. They should give due respect to the judges and they must avoid
speaking ill of the judges and the judiciary.

2. They should help the judges in the trial of the cases by presenting the
relevant law in the correct and clear manner. They should never act to
irritate the judges.

3. If the judges pronounce a wrong order, they should not criticize the
judges. They should try to set right the wrong order through appeal.

4. For getting favorable order they should not give pressure or influence
the judges.

5. If the judges behavior is irritating and disrespect to the Advocates

should not enter in to a direct confrontation with the judge. Through the
Bar Association the matter should be discussed with the judge in his
chamber and shall request to avoid such misbehavior
        

      
INTER RELATIONSHIP BETWEEN BENCH AND BAR

1) “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.”

2) “It has been a saying as old as the profession itself that the court and counsel
are two wheels of the chariot of justice.
 3) In the justice delivery system, members of the Bar are as much a party there
by as the justice and it is the closest possible harmony between the Bar and
the Bench that can yield the best results in achieving the objectives
enshrined in our Constitutional Document.

4) The Bar and the Bench are two sides of a coin. In the administration of
justice unless harmony prevails between the Bar and the Bench, no desired
results to uphold the majesty of the institution could be achieved.

THE JUDGE’S PERSONA

A common man has faith in the Judicial System of the country. It is the role of
both the Bench and the Bar to maintain and strengthen the same by its commitment
and conduct.
Bibliography:
 Bar-bench relation by laws of land blogspot.
 The Bangalore principles of judicial conduct 2002.
 Bar and bench relation article by Justice CHINWE IYIZOBA JCA.
 Role of bench and bar by Justice MIRZA HAMEEDULLAH BEG.