Bar Bench Relations PDF
Bar Bench Relations PDF
Bar Bench Relations PDF
The court hall where cases are conducted consists of two parts namely:
(i) The place where the judges sit is called as Bench
So the term “Bench” refers to the judges and the “Bar” refers to the Advocates. Bar-Bench relation
means the cardinal relation between the judges and the Advocates.
The faith on the judiciary to the general public and the speedy justice mainly depends on the
cardinal relation between the judges and the Advocates. In the Administration of justice the role
of Advocates are also equally important just like the judges. Rendering justice is their joint
responsibility. Without the help of Advocates, it is very difficult for the judges to arrive a correct
decision in a dispute. If good relation exists between the judges and Advocates then delay in
rendering justice can be very much reduced. To strengthen the good relation both should have
some good qualities and mutual responsibilities.
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.
Role of the Bench to Strengthen Bar –Bench Relation
Only when Bar-Bench relations are strengthened, people will get confidence and fair on the
Judiciary. To strengthen Bar-Bench relation the Judges should follow and practice the following.
1. Judicial Respect: Just like the Advocates are giving respect to the Judges the Judges should also
give to the Advocates and the brethren Judges.
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2. Patient Hearing: Judges should hear the case with open and respective mind without any
prejudice or bias. They should act only to the interest of justice. They should give sufficient
opportunity for the Advocates to present the case in full.
3. Impartiality: Judges should act impartial. They should not act in favour of any Advocate or a
party to the dispute.
4. Avoidance of Interruptions: As far a possible, Judges must avoid interruptions while the
Advocate is examining witnesses and arguing the case. Unwarranted interference and adverse
comments by the Judges may upset the Advocates and thereby he may not be able to present the
case properly. This may cause the failure of justice. Interference may be limited to the following
circumstances (i) to prevent repetition and waste of time(ii)to check the relevancy(iii)to get
clarifications (iv)to express courts view on a point and (v)to promote speedy disposal of the case.
5. Proper Interpretation: During the process of administration of justice, often the courts have to
interpret the Act, Rules, Orders and Notifications in order to ascertain the actual meaning of the
provisions or to remove the ambiguity or inconsistency. In such cases proper interpretation should
be given with the object of rendering complete justice to the parties.
6. Avoidance of Unreasonable Adjournments: Adjournments are given to afford reasonable
opportunity to the parties to present the case. As far as possible cases shall not be adjourned
without reasonable and sufficient grounds. Unreasonable adjournment is the main reason for the
mounting arrears of cases and it causes hardship to the parties.
7. Speedy Disposal: `Justice delayed is justice denied‟, hence cases should be disposed off as
quickly as possible. When preference is given for disposal of old cases, care should be given to
see that new cases should not get into arrears.
8. Avoiding Unwarranted comments: Judges should not make any unwarranted comments in the
open court about the Advocates lack of knowledge in the law. They should not ask any Advocate
to leave the court, without sufficient reasons. Similarly, they should not ask any Advocate not to
come to his court hereafter.
9. Knowing in Law: Judges should possess deep knowledge in law. They should have the ability to
apply the proper law to the disputed facts and to take the right decision.
10. Independence: Judges have the primary responsibility to protect and preserve the
independence of judiciary, hence they should not yield to the pressure of the Government.
11. Integrity: A Judge should be honest and morally upright. He should have personal and
intellectual integrity. His character and conduct should be praise worthy. Then only the Advocates
and the general public will have confidence on him.
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12. Industriousness: It means regular and systematic hard work and study. A Judge should get
acquainted with the latest developments and changes in the law by regular updating of the
knowledge.
13. Meeting of Judges and Lawyers: To strengthen Bar-Bench relation, at regular intervals
meeting of judges and the Advocates shall be arranged. In such meetings the respective sides
difficulties can be discussed and the differences can be sorted out.