UNION OF INDIA, MINISTRY OF LAW. AND JUSTICE Bar & Bench (www. az-links.info) that same-sex relationships are not against the order of worshiped and served created things rather than the Creator—. Bench-Bar Relations/Relation between Advocates and Court In this context, the Bar Council of India has framed certain rules for observance. Judge, Allahabad High Court, Lucknow-Bench. Hon'ble relations with the bar along with a message of impartiality and competence. . Editor's Page protection available to Women in India since ages either in the form of.
This right of the counsel deserves due respect from the Judge.
The third important duty which a judge owes to the counsel is patient hearing of the case. The judge has no business to form a forehand opinion before the case is heard by him. The last but not the least duty which a judge owes to the counsels is to avoid confrontation with the lawyers in the process of argument and examination of witnesses.
The judge should not' interrupt the counsel till he is arguing relevantly and purposefully. Till the lawyer is presenting his case in an orderly way, there should be patient hearing and co-operation from the side of the judge, as otherwise it would lead to miscarriage of justice.
These principles of law have not been affected by any of the provisions of the Contempt of Courts Act, The facts of these two cases were almost similar; some expression used by the Magistrates were resented by the Advocates and those used by the Advocates were misunderstood and taken exception to by the Magistrates. Administration of justice is a stream which has to be kept pure and clean. It has to be kept unpolluted. Administration of justice is not something which concerns the Bench only.
It concerns the Bar as well. The Bar is the principal ground for recruiting judges. No body should be able to raise a finger about the conduct of a lawyer. Actually judges and lawyers are complementary to each other. The primary duty of the lawyer is to inform the court as to the law and facts of the case and to aid the court to do justice by arriving at the correct conclusions.
Good and strong advocacy by the counsel is necessary for the good administration of justice. Consequently, the counsel must have freedom to present his case fully and properly and should not be interrupted by the judges unless the interruption is necessary. Emperor, AIR Lahore 14, the Lahore High Court had held that "Without failing in respect to Bench, it is the duty of the members of the Bar to assert their just rights to be heard by the tribunal before which they are practising.
They should be fearless and independent in the discharge of their duties, and would be perfectly right in protesting against irregular procedure on the part of any judge; and if the advocate is improperly checked or found fault with, he should vindicate the independence of the Bar.India Legal debate show on relationship between ‘Bar & Bench’
He would be perfectly justified in insisting on getting a proper hearing and he would be perfectly right to object to any interruption with the course of his argument such as to disturb him in doing his duty to his client. Plenary powers vested in the Presiding Officer of the Court, apart from the fact that they have rarely been used against members of the legal profession so far, should only be used to vindicate the honour of the court or to satisfy the necessities of public justice and not as a matter of course.
A free and fearless Bar is not to be preferred to an independent judiciary, nor an independent judiciary to a free Bar. Neither has a primacy over the other. The Judges shall always be superiormost, officers of the court such as persons appointed for examination, commission, receiver etc come next, the prosecutor and the advocates are the intermediary, the Police and other investigation and executing branch form the next group, the witnesses and those who give evidence are regarded next, the petitioner respondent complainant etc lower still, and the defendant respondent accused etc are the least regarded.
Persons appointed for examination, commission, receiver etc are usually advocates. Thus Bar Bench Relations relate to the power equations between the top most layers of the functionaries of the judicial process.
Bar and Bench The court hall where cases are conducted consists of two parts namely: Bar-Bench relation means the cordial relation between the judges and the Advocates. The faith on the judiciary to the general public and the speedy justice mainly depends on the cordial relation between the judges and the Advocates and the role of Advocates are equally important to the judges in the Administration of justice. Rendering justice is their joint responsibility.
The Changing Bar and Bench 1. Justice, as embodied in the law, has different contents and connotations. The functions of the Bench and Bar, due to the somewhat differing basic concepts of justice seems different in different States. These concepts have been produced and moulded by the operations of complex and interconnected, constantly acting and counter-acting, sets of factors in the course of our histories.
Shrunk and organically interlinked modern world Distances have vanished in the various parts of the modern shrinking world. Space time relationships have altered vastly. Speedy and easy communication facilities have produced a uniformity in patterns of thinking, behaving, and living, cutting across all barriers of political organisation and ideology, culture, race, creed, and colour, resulting in a progressive development of uniform basic notions of justice as well as common patterns of law in various parts of the world.
In this modern age of science, the problems of justice cannot be dogmatic. Changing Concepts Our concepts of Justice consist of the products of an interchange of shifting pulls and forces. New moral values, ultimately translated into law, emerge in the process. Our notions of Justice are relative and results of empirical knowledge of what satisfies certain needs believed to be basic.
Sense of Dedication The spirit of consecration and dedication which impels human beings towards what they believe to be 'Justice' certainly appears to be a part of the eternal and the unchanging human nature. The urge to see justice done to others, viewed as reflections and even as parts of one's own self, is often submerged by other powerful drives and passions. The effort of the members of both the Bench and the Bar will be to overcome the passions and prejudices which interfere with such a disinterested pursuit of justice.
Justice, in a sense, may be conceived of as an eternal quest of every being who deserves to be called human. The Specialist's approach The quest of the Judge and of the Advocate must be dedicated to the pursuit of justice and seeks it scientifically by employing ordered knowledge contained in the form of law and by scientific and legal tools. The Judge's Persona The persona of the Judge today in India is the ability to detach themselves from the pursuit of private gain and selfishness and rise above all pettiness, passions, prejudices, obsessions and complexes and preserve an unruffled temper even when faced with the most trying of situations.
What the Judge requires from the Advocate What the Judge requires from an Advocate is assistance in the performance of his own role. The effectiveness and usefulness of an Advocate is determined by his capacity to satisfy the needs of the Judge. It is impossible for an Advocate to give that assistance unless he is equipped with required learning.
Power of Judge and Advocate over the Judicial Process The power exercised by the Judge in India over the fate of a criminal or civil litigation is really enormous. The power of the advocate is rather prodigious in determining whether justice will hit or miss its mark. But Rules of professional ethics and etiquette can be violated both by advocates and judges in India without being properly punished.
A Source of Miscarriages of Justice The best of institutions can be misused and human frailties cannot be entirely eliminated anywhere and judicial proceedings is no exception. Bar and Bench should be vigilant about that.
Legal Point: Bench-Bar Relations
A Source of Legitimate Pride to Indian Citizens Even though the present pronunciations of the Bench and the irresponsible behavior of the advocates are very often subjected to public criticism, the People of India have not started to disbelieve the judicial process in India.
However Judiciary is now frequently using its contempt jurisdiction, as if fearing that it may happen in near future. The responsibility of the Constitutional role The Constitution places a very heavy responsibility on the part of the Judges as well as the Advocates who assist them, of propounding solutions which are in harmony with "Justice: As the officers of the Court, lawyers are expected to assist the Bench in administering justice. They are expected to maintain respectful attitude, towards the Bench keeping in mind that, the dignity of judicial office is essential for the survival of the society.
Legacy of Bar and Bench Relationship 1. The power relation in Courts The conflict-co-operation relationship in between Bar and Bench cannot be properly evaluated without going into its history. The conduct and behaviour of lawyers were under direct supervision of the Court. During the freedom struggle, lawyers played important part and they suffered much for their independent view against the government policy and even courts did not recognise their right to dissent with the government policy.
The colonial concept of the existence of lawyer is best described in Mahant Hakumat Rai v. They should be fearless and independent in the discharge of their duties, and would be perfectly right in protesting against irregular procedure on the part of any judge; and if the advocate is improperly checked or found fault with, he should vindicate the independence of the Bar. He would be perfectly justified in insisting on getting a proper hearing and he would be perfectly right to object to any interruption with the course of his argument such as to disturb him in doing his duty to his client.
Plenary powers vested in the Presiding Officer of the Court, apart from the fact that they have rarely been used against members of the legal profession so far, should only be used to vindicate the honour of the court or to satisfy the necessities of public justice and not as a matter of course. Union of India A. The protest if any is required, can only be by giving press statement. A Bar functions best when its speech is untrammeled but guided by deep scholarship. A counsel serves the institution best when knows that it is not his job to win cases by all means but to assist the Court with all his mastery of facts and law.
A Judge serves the institution best when he does not fear to hear but does not decide out of fear, when he fears with compassion, but does not decide out of favour. 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 in such away to irritate the judges. If the judges pronounces a wrong order, they should not criticize the judges. They should try to set right the wrong order through appeal. For getting favourable order they should not give pressure or influence the judges.
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.