Explain the duties and responsibilities of Bar and Bench

The Bar and the Bench are two sides of a coin. However, these are some of the most frequently heard questions that; What is Bar? What is Bench? and what are the difference between Bar & Bench? In addition to above mentioned queries, it is often discussed that, Whether Bar has got any duties to fulfill to the Bench or the Bench has got any duties to fulfill to the Bar.

If the independent judiciary is the pillar of democracy, the Bar is the foundation of the independent Judiciary. The Bar is the mother of the Bench and the bright mirror of the Judicial Officers whose image, character and conduct is correctly and visibly reflected therein, and it is for the Bench to nurse and nourish the merits of the Bar.

Duties of Bar to Bench

1. Advocate not to show over reaction against presiding judge
2. An Advocate should appear and behave like a thorough gentleman in the court.
3. An Advocate should avoid any act which Lowers confidence in the administration of justice. 
4. An Advocate should be trust worthy and he should not try to mislead the court.
5. An Advocate should extend full co-operation to the bench
6. An Advocate should not inflict imputation against the bench
7. An Advocate should present everything in open court
8. Duty of the bar to the Bench to maintain its Honour and Dignity
9. Respect for address to Judges.
10. The Bar owes a duty towards Assuring the Confidence in Justice itself.

 Duties of Bench to Bar

1. Bench should support and ensure the Independence of the Bar.
2. Duty to allow Arguments Uninterruptedly.
3. Fairness on the part of Judge.
4. Judges should extend their helping and Appreciative Hands towards beginners at the Bar.
5. Judges should Pay Equal Attention to all Lawyers Irrespective of their Position.

Roles and responsibilities of an Advocate in the Court of Law

Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark. Sincerity of performance and the earnestness of endeavor are the two wings that will bare aloft the advocate to the tower of success. Given these virtues other qualifications will follow of their own account. This is the reason why the legal profession is regarded as a noble one. [JS Jadhav v. Mustafa Haji Mohammad Yusuf, AIR 1993 SC 1535]

A lawyer, being a member of the Bar should always conduct himself properly in a court of law and exert his least at all times to maintain the dignity of the Court but the Court has also a reciprocal duty to perform and should not only be discourteous to a lawyer but also should try to maintain the lawyer’s respect in the eyes of his clients and the general public with whom he has to deal in his professional capacity.

As observed in R.D. Saxena v. Balram Prasad Sharma, [(2000) 7 SCC 264], In India, admittedly, a social duty is cast upon the legal profession to show the people beckon (sic beacon) light by their conduct and actions. The poor, uneducated and exploited mass of the people need a helping hand from the legal profession, admittedly, acknowledged as a most respectable profession. No effort should be made or allowed to be made by which a litigant could be deprived of his rights, statutory as well as constitutional, by an advocate only on account of the exalted position conferred upon him under the judicial system prevalent in the country.

According to Justice VR Krishna Iyer, the lawyer shall be an instrumentality of the Republic in securing to the whole people as promised in the Preamble, Justice, Social Economic and Political and Fundamental freedoms and Rights incorporated in Law India. He uses the rule of law and moulds the legal system so as to deliver to every member of the populace, even the humblest have/not and the depressed pariah, his constitutional title to justice.

Difference between Bar and Bench

Bar in legal terms means a body of attorneys. In other words it refers to body of lawyers. Lawyers or Attorneys are separated from the general spectators of the court hall as well as the area reserved for the judges by means of a bar or railing. Only those who qualify the Bar Examination are allowed to practice law in the court of law.

Bench means the members of the judiciary. Bench in legal terms means the location identified in the courtroom, where judges usually sit and hear the cases. In other words, it is a general term used to designate the associates of the judiciary together.

Read more on the Importance of Bar & Bench Relationship

There are different kinds of Benches are;

Single Bench: The term Single Bench refers to the situation, where a case is heard and decided by a single judge. If any party who is aggrieved by the impugned judgment delivered by the Single Bench, then said party may prefer an appeal against said judgment to the Division Bench.

Division Bench: A Division Bench is a term widely used in the Indian judicial system, where a dispute is heard and adjudicated by at least two judges. Nevertheless, if the bench during the hearing of any matter feels that the matter needs to be considered by a larger bench, such a dispute will be referred to a larger bench.

Importance of Bar & Bench relationship

In general, Bar refers to the lawyers and Bench refers to the members of the judiciary, i.e., Judges. It is the body of persons which operates the machinery through which justice is administered, composed mainly of the Judges and the Advocates who help them in discharging their difficult duties, has existed and functioned both in ancient and modern times.

Bar & Bench relations in law refers to the cordial relationship between Advocates (Bar) and Judges (Bench). Bar and Bench plays an important role in the administration of justice. Bench administer the justice with the help of the Bar.

The Judicial Process in today’s world includes that task of Social Engineering. Concepts of justice, however, have changed vastly in the course of time. And, as between different States in modern times too, Justice, as embodied in the law, has different contents and connotations.

Such differences as we find between different States as regards the functions of the Bar and Bench are, mainly due to the somewhat differing basic concepts of justice found in the laws of different States. These concepts have been produced and molded by the operations of complex and interconnected, constantly acting and counter-acting, sets of factors in the course of our histories.

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 an essential for the survival of the society. Thus, mutual respect is necessary among the lawyers and judges to maintain the harmony between the Bar and Bench.