As a Sales Officer in HPCL, I was forced to be present in Judicial Courts, whenever any civil case pertaining to a dispute between HPCL and Landlords of the Petrol Pumps came up for hearing. This used to be at least 2-3 times a month. On the morning of the case, I would visit my lawyer Krishnan, and then be present at the Court by 11 am. It was the most frustrating experience I even had in my life. A bunch of cases were called one after another, the respective advovates stood up, either asked for an adjournment or submitted a document, and then the case would be postponed to another day one year or two down the line. And most of these cases were at least couple of decades old, and would continue for another couple of decades. It was a depressing experience.
However, I have always been an avid reader of legal thrillers, be it Perry Mason or John Grisham. The court room arguments and the work that goes behind it always attracted me, though I know that in reality this is not how it works.
I was always intrigued as to why when a lawyer graduates and wants to practice, he is said to have joined the 'Bar', or why when a Judge is appointed to the High Court or Supreme Court, he is said to have been elevated to the 'Bench' or why we have the terminology 'Single Bench', 'Three member Bench' etc. I could have googled, but somehow I didnt.
Now thanks to a book 'Tales from the Bench and the Bar' byVicaji J Taraporevala, I have the answer.
In the olden days, English judges sat on the central portion of a long bench. When a judge sat for the first time, the newly appointed judge was said to have been ‘elevated to the Bench.’ Though the benches have been replaced with long backed chairs, the expression continues.
The term ‘Bar’ is derived from an actual bar, which earlier in England, divided the dais of the judge and the seating arrangement for counsel. Advocates presented their cases standing in front of the bar. Those who got this privilege was said to have been ‘called to the Bar.’
