Cooperative protection between lawyers and judges: bench- bar relations

On the eve of retirement of Chief Justice of India, Justice H.L. Dattu when media person quipped that he was being tipped as the next Chairperson of the National Human Rights Commission, Justice Dattu aptly remarked “Prabhu ki Kripa”. A Thomas could raise eyebrow on it whether it qualified a reward to him for enriching the relationship between Bench and Bar. Ultimately Justice Dattu has been credited with coveted post of chairmanship of NHRC. This is not for the first time that Judicial Ethics collaborated with the indictment of beneficiary, may be a judge himself or a litigant or protector for litigant. Judicial Ethics is considered as myth as well as a reality, Hob-nabbing for jobs and elevation have caused decline in social values and judicial ethics. The elevation of Justice A.N. Roy superseding, the three senior most judges is a case in point Judicial ethics is an integral part of professional ethics which is equally applicable to both, the Bar and Bench. Etymologically, ethics is a combination of rules of good behavior and cleanliness in dealings. Justice Ashutosh Mukharjee in the case of Ragina Guha (1916) pointed out that legal profession was in existence during the Hindu period. One of Chief Justices of U.S. Supreme Court Mr. Marshall observed that the fundamental aim of legal ethics is to maintain the honour and dignity of the law profession to secure a spirit of friendly cooperation between Bench and Bar in the promotion of higher standards of Justice. There are complaints of corruption in the judiciary also. Justice Ramaswamy was subjected to impeachment. Advocate Shanti Bhushan openly leveled a charge that at least eight of the Supreme Govt. judges had been indulging them-selves in corrupt practices. Former chief Justice of India Justice V.N. Khare had admitted that judges are also human beings and they are not infallible. Therefore, someone must judge with same spirit to the judges. Such admissions speak of the fact that canons of judicial ethics are being flouted. Even some judges have acknowledged that today the judiciary is at a cross-road. They admit that the accountability of judges, quality in delivery of judgments, operational skills of the judges, ethical values, speedy justice and gender sensitization among judges are alarming matters in so far as the ethical myth and realty are concerned. The recent case of MP High Court has brought the credit of judiciary into lurking shame as impeachment notice has been admitted in the Rajyashabha signed by as many as 58 members of Parliament on judge’s misconduct in sexually harassing the lady Judge of District Judge level who was posted at Gwalior and had resigned after the incident. The cases of Law Interns being sexually exploited or harassed even by the Supreme Court Judges have affected the spirit of Co-operative interaction between lawyers and Judges. To maintain the high standard of conduct in the society, Professional ethics is equally important for both, the judges and the lawyers. They are complimentary to each other. The success of judicial administration depends upon the co-operative inter-action between the Judges and the advocates. Bench and Bar relations thrive on mutual trust and respect for each other of two pillars of adjudicatory process. The dignity of legal profession can be maintained if there are amicable and respectful relationship between Bench and Bar by observing and adhering to professional norms by the both, judges and the advocates. The legal Profession is under challenge and to ward off the unhealthy trend of vices, cordial relationship between Bench and the Bar would be the sustainable remedy. Under the atmosphere of indisposition in protecting the values in the judiciary, the emergence of a pro- active judge is call of the time, as Lord Woolf has envisioned: ‘Ultimate responsibility for the control of litigation must move from the litigant and their legal advisors to the court.’ This research paper discusses the ethics and professional conducts of the judges and lawyers, what are their duties, obligations and standard of conduct towards the court, society and the peoples of the country. It has also provided a model for better co-operation between the Bar and the Bench.