If we found that any Judge is Corrupt or with bad
behaviour then Advocate need not to give him respect. – Supreme court
High Court of Karnataka Vs. Jai Chaitanya Dasa and Ors. )
Status of an Advocate as an officer of justice does not mean that he is subordinate to the Judge. They are two branches of the same profession and neither is superior or inferior to other
A discourteous judge is like an ill-tuned instrument in the setting of a court room. It is questionably true that courtesy breeds courtesy and just as charity
has to begin at home,. courtesy must begin with the judge.
The bad behaviour of one Judge has a rippling effect on the reputation of the
judiciary as a whole. When the edifice of judiciary is built heavily on public
confidence and respect, the damage by an obstinate Judge would rip apart the
entire judicial structure built in the Constitution
The legal profession is a solemn and serious occupation. It is a noble calling and
all those who belong to it are its honourable members. Status of an Advocate as
an officer of justice does not mean that he is subordinate to the Judge. It
only means that he is an integral part of the machinery for the administration
of justice. They are partners in the common enterprise of the administration of
justice. The difference in their roles is one of division of labour only;
otherwise they are two branches of the same profession and neither is superior
or inferior to other.
Respect is not to the person of the Judge but to his office. If the Judge has lost confidence of the Bar he will soon lose confidence of the public.
The duty of courtesy to the Court does not imply that he should not maintain his
self-respect and independence as his client’s advocate. Respect for the Court
does not mean that the counsel should be servile. It is his duty, while
respecting the dignity of Court, to stand firm in advocacy of the cause of his
client and in maintaining the independence of the Bar. It is obviously in the
interests of justice that an advocate should be secured in the enjoyment of
considerable independence in performing his duties.
A strong Judge will always uphold the law, and that is also the aim of advocacy, even though the Judge and the
advocate may differ in their point of view.
His status as an officer of justice does not mean that he is subordinate to the
Judge. It only means that he is an integral part of the machinery for the
administration of justice.