Introduction:
Bar-Bench relationship in law refers to the Advocates’ cordial relationship with the Judges. The Bar (Advocates) and Bench (Judges) play a key role in administering justice. For the maintenance of the cordial relations between the Bench and Bar, mutual respect is needed.
Bar and Bench are two parts of the same system, and when they operate in harmony, without which justice cannot be effectively conducted in the courts.
Bar & Bench
The court hall where there are cases is composed of two parts, namely:
- The position where the judges are seated is called Bench.
- The position the Advocate is seated is called Bar.
The word ‘Bench’ refers to the judges and the ‘Bar’ refers to the Advocates. Bar-Bench relation implies the cordial relation between the judges and the Advocates.
Faith in the judiciary to the general public and speedy justice depends primarily on the cordial relationship between the judges and the lawyers, and the role of the lawyers is equally important to the judges in the administration of justice. It is their joint responsibility to deliver justice.
Bar-Bench Position in the Administration of the Justice System
The Bar and the Bench play a significant part in judicial administration. According to Justice C.L. Anand, there is no office of such power as the Judge is in the State. Judges have power far greater than any other functionaries. The life and liberty of the common people, personal domestic happiness, wealth, and integrity subject to the judges’ wisdom and hang on their decisions to the citizens. When there is no protection left in life when the judiciary is corrupt, freedom dies, there is no guarantee in personal or domestic happiness. The greatest need of a state is a strong, powerful, unbiased active and competent judiciary. Courts would perform their duties on account of the role of the judges in the preservation of the orderly society.
Bar-Bench Relations
Administration of Justice isn’t something that just involves the Bench. It also affects the Bench. To preserve the cordial ties between the Bar and the Bench, mutual respect is necessary. Lawyers and Judges have to support one another. The bar is the primary recruiting ground for Judges. And they are both a member of the same culture. Bar and Bench will have cordial relationships with each other. But due to the nature of the duties to be performed by advocates and judges, occasionally, funny, often heated and often harsh, they may enter into dialogue.
Scandalizing the court by a lawyer also pollutes the very basis of justice and such behaviour by a lawyer gives disrepute to the whole administration of justice.
An Advocate’s attitude towards the Tribunal should be one of universal reverence, regardless of the Court’s position. Advocates Private opinion about the presiding officer, because he has to preserve the integrity of the judiciary as an institution, he must not demonstrate in his actions. Likewise, it is the judiciary ‘s duty not only to be respectful towards the Bar members but to do everything possible to promote the high traditions of the Bar.
A lawyer or judge’s uncourteous conduct or wrongdoing can amount to contempt of the court, there are two forms of contempt of the court. For example, to use insulting language against a judge or to threaten him with transfer or removal or to approach the judge in a loose manner or to challenge his authority to ask questions or to make scandalous allegations against a judge etc. It amounts to Court contempt. He is responsible for his uncourteous act and is punishable by Court for such disrespect. The Court’s contempt punishment is intended to protect public trust in the Administration of Justice system.
Role of the Bar to Strengthen Bar-Bench Relation
An Advocates will take the following steps to improve the relationship between the Bar and the Bench:
- We should show due respect to the courts, and stop talking ill of the courts and the judiciary.
- They will support the judges in the case trial by explaining the applicable laws in the right and consistent manner. They should never act in such a way that the judges are annoyed.
- If the judges issue a false order, the judges should not be blamed. Upon appeal, they will try to set the wrong order right.
- They should not put pressure on or manipulate the judges to receive favourable orders.
- If the Advocates’ treatment of judges is annoying and arrogant, he does not enter into direct conflict with the judge. The matter should be discussed with the judge in his chamber through the Bar Association and he shall request that such misconduct be avoided.
Bench ‘s Role in Strengthening Bar-Bench Relations
The Judges should follow and practice the following steps to strengthen the Bar-Bench relationship:
- Judicial respect: Just as the Advocates respect the Judges, so should the Judges respect the Advocates and the Judges of the Brethren.
- Patient Hearing: Judges should hear the case with an open mind and without prejudice or bias, respectively. They will behave according to the benefit of justice. They will provide ample time for the Advocates to present the case in full.
- Impartiality: Judges are supposed to act impartially. They are not supposed to act in favour of any prosecutor or party to the conflict.
- Avoidance of Interruptions: Judges have to avoid interruptions whenever possible while the Lawyer interviews witnesses and presents the argument. The Advocates may be offended by unwarranted interference and negative remarks from the Judges and thus he may not be able to present the case properly. A Judge’s intervention may be limited to the following factors:
- To avoid repetition and time-wasting
- To check pertinence
- For clarification
- To share an opinion of the courts on one point and
- To promote swift disposal of the case.
- Proper Interpretation: In the course of the administration of justice, the courts frequently have to interpret the law, rules, codes, regulations, directives, notices, circulars, bylaws, etc. to assess the real meaning of the statutes or to eliminate the confusion or incoherence. In these cases, a proper explanation should be provided for the purpose of making the parties full justice.
- Avoiding Unreasonable Adjournments: adjournments are granted to provide the parties with a reasonable opportunity to present the matter. Without fair and appropriate grounds, cases shall not be adjourned where possible. Unreasonable adjournment is the main reason for the mounting arrears of cases that cause the parties to suffer hardship.
- Speedy Disposal: ‘Justice deferred is justice denied’ will also be disposed of as soon as possible. When preferential disposal of old cases is given, new cases should not be in arrears.
- Avoiding Unwarranted Comments: Judges should not make unwarranted open court comments about the lawyer’s lack of knowledge of the law. They shouldn’t ask any lawyer to leave the trial, without justification enough. Likewise, they should not ask any Advocate not to come hereafter to his court.
- Knowledge of Law: Judges will have a deep knowledge of the law. We should be able to apply the correct legislation to the evidence at hand and make the right decision.
- Independence: The primary responsibility for maintaining and retaining judicial independence rests with the judges.
- Integrity: A judge should be morally responsible and honest. He should have dignity in both individual and intellect. The character and action should be deserving of praise.
- Industriousness: This means hard work and research frequently and systematically. A judge should get to know the latest developments and changes in legislation by regularly updating the knowledge.
- Meeting of Judges and Lawyers: At regular intervals meetings of Judges and Advocates are scheduled to improve the Bar-Bench relationship. The problems of the respective sides can be addressed in these sessions, and the disagreements can be worked out.
Conclusion
The Colonial System of Judicial Courts has not fully developed into a representative democracy. It is therefore clear that the principles and thus the relationships between the Bar and the Bench have not fully evolved as equally responsible functionaries for the proper discharge of legal justice. What the current situation demands are a cordial and mutually-respectful Bar and Bench with the high aspirations of people’s welfare and the protection of the constitutional, fundamental and human rights of the aggrieved persons, citizens and others.
As the Bar and the Bench connect, they should not forget their own long-lasting integrity and the dignity of the least man you might imagine. Our Father of the Country was also an advocate and his dream was so. He too was both revered and tried for contempt by the Judges of the Indian Judiciary.
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