Maintaining a healthy and respectful relationship between the Bar (advocates) and the Bench (judiciary) is essential for the effective functioning of the justice delivery system. The cooperation and mutual respect between the two pillars of the legal profession uphold the dignity, independence, and efficiency of the judiciary.
Meaning of Bar-Bench Relations
- The Bar refers to advocates and legal practitioners who represent clients in court.
- The Bench refers to judges who preside over the courts and make judicial decisions.
- Bar-Bench relations signify the working relationship, decorum, and professional conduct shared between advocates and judges during the administration of justice.
Importance of Bar-Bench Relations
- Efficient Justice Delivery: Harmony between the Bar and the Bench results in faster, more effective court proceedings.
- Public Confidence: Respectful interaction enhances public trust in the legal system.
- Fair Trials: Good relations ensure that the rights of litigants are protected and justice is served.
- Judicial Independence: A respectful Bar supports an independent and fearless judiciary.
- Professional Ethics: Advocates and judges inspire each other to uphold the highest standards of integrity and conduct.
Legal and Ethical Framework Supporting Bar-Bench Relations
- Advocates Act, 1961: Governs the conduct and duties of advocates.
- Bar Council of India Rules: Provides a code of ethics for advocates, including conduct towards the court.
- Contempt of Courts Act, 1971: Prohibits any act that undermines the authority or dignity of the judiciary.
- Judicial Pronouncements: Courts have reiterated the need for mutual respect in various judgments.
Duties of the Bar Towards the Bench
- Maintain Respect and Courtesy: Advocates must show due respect to judges, even in disagreement.
- Avoid Personal Attacks: Criticism of judgments should not become criticism of judges personally.
- Punctuality and Preparation: Lawyers must appear on time and be prepared to assist the court.
- Uphold Integrity: Advocates must not mislead the court or suppress facts.
- No Disruption: Lawyers should not engage in strikes or boycotts that hamper judicial work.
Duties of the Bench Towards the Bar
- Fairness and Impartiality: Judges must treat all advocates equally and hear them fairly.
- No Bias or Prejudice: The court must not show favoritism or hostility toward any lawyer.
- Patience and Courtesy: Judges should maintain decorum and address advocates respectfully.
- Judicial Temperament: Judges should encourage dialogue, not hostility, during arguments.
Common Causes of Conflict
- Frequent Adjournments: Advocates seeking unnecessary delays.
- Allegations of Judicial Bias: Unsubstantiated accusations against judges.
- Contemptuous Behavior: Disrespectful or aggressive arguments.
- Strikes by Advocates: Hampering court functioning due to professional boycotts.
Measures to Strengthen Bar-Bench Relations
- Continuous Legal Education: Workshops and seminars on ethics and court conduct.
- Dialogue and Feedback Mechanisms: Institutional dialogue between bar associations and judiciary.
- Strict Code of Conduct: Enforcement of professional behavior from both sides.
- Speedy Redressal: Address grievances of both the Bar and the Bench promptly.