Concept and role of Bar-Bench Relation with Reference to Administration of Justice

1) What are 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 getting a certain training under some advocate as prescribed by rules. The advocates are known as the 'Bar' as a whole body of advocates and an advocate represents the Bar. In short, 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 earlier meaning of Bar contained the part of Bench also at the present term ‘Bar’ is applied for the attorneys part of the court and the term is used for the judicial officers part of the Court.

            

2) Role of Bar Bench in Administration of Justice 

         The Bar and Bench play important role in the administration of justice. According to Justice C.L. Anand, there is no office in the State of such power as that of the Judge. Judges hold power which is immensely greater than that of any other functionary. The common people's life, and liberty, personal domestic happiness, property, and reputation subject to the wisdom of the judges and hang citizens on their decisions. If  Judicial power becomes corrupt no security is left of life, liberty expires, there no guarantee is left of personal or domestic happiness. A strong powerful, impartial active and the capable judiciary is the greatest need of a State. On the account of the importance of the judges in the maintenance of the orderly society, judges should perform their duties.

      See....... Duties of Judges. 

         Like Judges, Advocates also plays important role in the administration of Justice. Advocates are officers of the Court, they are expected to assist the Court in the Administration of Justice. Advocates collect materials relating to the case and thereby assist the Court in arriving at a (conclusion)correct judgment. An advocate is a partner with the judiciary in the administration of Justice. 

    See...... Duties of an Advocate in the Court while dealing with his case    

   

3) Bar-Bench Relations:

      Administration of Justice is not something which concerns Bench only. It concerns the Bar also. Mutual respect is necessary for the maintenance of the cordial relations between the Bar and Bench. Advocates and Judges are complementary to each other. Bar is the Principal ground for recruiting Judges. So they both belong to the same community. ar and Bench should maintain cordial relations with each other. But on account of nature of duties to be discharged by advocates and judges, they may get into dialogues sometimes, humorous, sometimes heated and sometimes harsh.

      Scandalising of the court by an advocate is really polluting the very foundation of justice and such conduct by an advocate brings disrepute to the whole administration of justice. 

  The attitude of an Advocate towards the Court should be one of the uniform respect, whatever the status of the Court. Advocates Private opinion about the Presiding officer, he must not show in its behavior because he has to uphold the dignity of the judiciary as an institution. At the same, it is equally the duty of the judiciary not only to be polite towards the members of the Bar but to do everything possible to advance ints high traditions.  

   

     The uncourteous conduct or misconduct of a lawyer or judge may amount to contempt of Court, there are two Types of Contempt of Court. for example, using insulting language against a judge or threatening him with transfer or impeachment or addressing the judge in a loose manner or questioning his authority to ask questions or making scandalous allegations against a judge etc. It amounts to contempt of Court. He is liable for his uncourteous act and punishable for such contempt of Court. The punishment for contempt of Court is intended to protect the public confidence in the system of Administration of Justice.