BAR BENCH RELATION UNDER ADVOCATE ACT 1961.pptx

In law, the term “Bar-Bench relationship” pertains to the friendly relationship that advocates have with judges. The Bar (advocates) and the Bench (judges) both play critical roles in the administration of justice. Maintaining cordial relations between the Bench and the Bar requires respect and understanding on both sides of the bench and bar.

1. BAR AND BENCH RELATION PRESENTATION BY:BASANT MARKAM

2. TABLE OF CONTENTS BAR & BENCH RELATION MEANING OF BAR MEANING OF BENCH MEANING OF COURT & KINDS THE BAR AND BENCH RELATION AND THE ROLE OF BAR & BENCH ROLE OF JUDGES DUTIES OF JUDGES DUTTIES OF ADVOCATES CONCLUSION

3. BAR-BENCH RELATION Bar and Bench are two different elements with a common objective of administering justice in society. Bar, the term finds its origin in England, was used to differentiate a group of lawyers from a group of court officers. It is a group of lawyers enrolled with the state bar council who have permission to practice the profession in court. In simple terms, Bar is a place where lawyers take their place in a courtroom. The Bench is a place where judges take their seats in the courtroom. It is applied to differentiate between judges and attorneys.

4. MEANING OF BAR Bar is a collective term for the attorneys who are licensed to practice in the Courts, or a particular court, of any state. The term 'Bar' was originated in England with the partition of Bar fixed for dividing the court hall into two parts for the purpose of separating lawyers and officers of the court from suitors and other general public. The same dictionary has also defined the ‘Bar’ as the whole body of lawyers qualified to practice in a given court or jurisdiction; the legal profession or an organized sub-set of i.e.. the judge, the attorneys, the court officer and members of the jury. At present Bar means a particular part of court room where lawyers sit.

5. MEANING OF 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 Court considered in its official capacity, while the Judges are sitting. The earlier meaning of Bar contained the part of Bench also and at present the term 'Bar' is applied for the attorney part of Court and the term Bench is used for the judicial part of the Court. As stated above, the term "Bar' has been coined to the legal practitioners ie . advocates collectively, while the term "Bench' has been coined to the Judges collectively.

6. MEANING OF COURT Court is a place where legal cases are heard by those persons (Judges, Magistrates or other Officers) while the lawyers participate as officers of the Court to assist the Court in an appropriate manner in the administration of Justice. A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.[1] In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

7. KINDS OF COURT (1) Courts of inquiry - A Court which makes preliminary investigations of charges. In military or naval, these Courts deal with cases of indiscipline etc. (2) Court of record - A Court whose proceedings are recorded permanently and which has the power of punishing for contempt of Court. (3) Court not of record - A Court of limited and inferior jurisdiction.

8. BAR & BENCH RELATIONS? Bar Bench relations refer to the dynamic interaction and cooperation between lawyers (the Bar) and judges (the Bench) within the legal system. This relationship is fundamental to the administration of justice. Lawyers represent their clients’ interests in court, while judges make impartial decisions based on the law. Maintaining a respectful and collaborative partnership between the Bar and the Bench is crucial for the effective functioning of the legal system. It ensures that cases are heard fairly, legal principles are upheld and justice is served. Communication, professionalism and mutual respect are key elements in fostering a strong Bar Bench relationship, which ultimately benefits the legal profession and the individuals seeking justice.

9. ROLE OF JUD GE As per 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 citizen's life and liberty, reputation and property, personal and domestic happiness are all subject to the wisdom of the Judges and hang on their decisions. Where judicial power becomes corrupt, liberty expires, no security is left of life, reputation and property and no guarantee is left of personal or domestic happiness. A strong impartial and capable judiciary is the greatest need of a State.

10. DUTIES OF JUD GES 1. A Judge must discharge his duties without fear or favour , affection or ill will. 2. A Judge must be impartial and must do everything for justice and nothing for himself or his friend or his sovereign. 3. A Judge should have patience and gravity of hearing. He should allow the advocate or party fullest opportunity to present his case. 4. A Judge should sit with a receptive mind. No Judge should form opinion regarding merit of the case till he has heard the parties. 5. A Judge should avoid controversial manner or tone in addressing counsel litigant or witnesses. 6. No Judge should desire that the Bar should be servile.

11. DUTIES OF ADVOCATES 1. As the advocates are officers of the Court, they are required to maintain towards the court respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of the society. 2. An advocate is required to conduct himself with dignity and self-respect during the presentation of the case. 3. An advocate should not influence the decision of the Court by any illegal or improper means. 4. An advocate should not communicate with a Judge relating to a pending case. 5. An advocate should make his best efforts to restrain and prevent his client from resorting to unfair practices in relation to the Court. 6. an advocate should make accurate statements of facts and should not twist them.

12. CONCLUSION An ordinary citizen has faith and confidence in the country's judicial system. It is the responsibility of both the Bench and the Bar to uphold and strengthen the rule of law through their dedication and behavior. To ensure the independence of the bar, an independent judiciary must be in place, which can be used to defend that independence if required. In the end, the mutual adjustment of behavior by the Bench and the Bar is the cornerstone of the polished operation of courts in the overall interest of society.

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