The judiciary in Bihar operates within the larger framework of the Indian judicial system, with the Patna High Court at its apex and a network of subordinate courts providing justice at the district and lower levels. Bihar's judiciary plays a critical role in upholding the rule of law, interpreting the Constitution, and ensuring justice for its citizens. This article provides a comprehensive overview of the judiciary in Bihar, focusing on the High Court and subordinate courts, their structure, jurisdiction, functions, and challenges.
1. Historical Background
Establishment of the Patna High Court:
The Patna High Court was established on February 3, 1916, under the Government of India Act, 1915, and inaugurated by Lord Hardinge, the then Viceroy of India.
The court initially had jurisdiction over the provinces of Bihar and Orissa until the creation of the Orissa High Court in 1948.
Evolution of Subordinate Courts:
Subordinate courts in Bihar have evolved through legislative acts during British rule, such as the Bengal, Agra, and Assam Civil Courts Act of 1887, which continues to guide the functioning of district and subordinate courts in the state.
2. Structure of the Judiciary in Bihar
2.1 Patna High Court
Location: Situated in Patna, the capital city of Bihar.
Jurisdiction:
Territorial jurisdiction extends over the entire state of Bihar.
It exercises original, appellate, and advisory jurisdiction under various articles of the Indian Constitution.
Bench Strength:
As of recent data, the sanctioned strength of judges is 53, with permanent and additional judges appointed by the President of India.
The Chief Justice heads the court, assisted by other judges.
2.2 Subordinate Courts
Subordinate courts in Bihar are organized into a hierarchical structure:
District and Sessions Courts:
Function as the principal civil and criminal courts in each district.
The District Judge presides over civil matters, while the Sessions Judge handles criminal cases.
Additional and Assistant Judges:
Assist the District and Sessions Judges in managing the caseload.
Civil Courts:
Include Senior Division and Junior Division courts handling civil disputes.
Magistrate Courts:
Sub-divided into Chief Judicial Magistrates, Additional Chief Judicial Magistrates, and Judicial Magistrates.
Handle criminal cases and are integral to the criminal justice system.
Special Courts:
Bihar has several special courts for handling cases related to corruption, family disputes, consumer grievances, and juvenile justice.
3. Functions and Jurisdiction
3.1 Patna High Court
Original Jurisdiction:
Hears writ petitions under Article 226 of the Constitution for enforcement of fundamental rights and other legal rights.
Appellate Jurisdiction:
Hears appeals against judgments and orders from subordinate courts in civil and criminal matters.
Supervisory Jurisdiction:
Supervises the functioning of subordinate courts under Article 227 of the Constitution.
Advisory Role:
Provides opinions on legal questions referred by the Governor of Bihar.
Public Interest Litigation (PIL):
Enables citizens to seek judicial intervention in matters of public concern.
3.2 Subordinate Courts
Civil Matters:
District and Civil Courts adjudicate disputes related to property, contracts, family law, and torts.
Criminal Matters:
Sessions Courts try serious offenses like murder, rape, and dacoity, while Magistrate Courts handle minor offenses.
Specialized Jurisdiction:
Includes Family Courts, Consumer Forums, and Juvenile Justice Boards.
Revenue Matters:
Revenue courts handle cases related to land and tenancy disputes.
4. Digital and Administrative Reforms
e-Courts Project:
Bihar has implemented the e-Courts Project, aimed at digitizing case records, enabling virtual hearings, and ensuring transparency.
Lok Adalats:
Conducted regularly to resolve disputes through alternative dispute resolution mechanisms.
Judicial Infrastructure:
Efforts have been made to upgrade court buildings and facilities, particularly in remote areas.
5. Challenges in Bihars Judiciary
5.1 Backlog of Cases
Bihar faces a significant backlog of cases in both the High Court and subordinate courts, impacting timely delivery of justice.
As of recent data, over 3 million cases are pending across the states judiciary.
5.2 Shortage of Judges
There is a severe shortage of judicial officers at both the High Court and subordinate levels, affecting case disposal rates.
5.3 Infrastructure Deficits
Many courtrooms lack adequate infrastructure, particularly in rural areas.
5.4 Lack of Legal Awareness
A significant portion of the population, especially in rural areas, lacks awareness of their legal rights and the judicial process.
5.5 Corruption and Delays
Corruption at certain levels and procedural delays hinder the efficiency of the judicial system.
6. Role of the Judiciary in Bihars Socio-Economic Development
Upholding Rule of Law:
The judiciary has played a pivotal role in maintaining law and order in a state known for socio-political complexities.
Economic Reforms:
Judicial interventions have facilitated land reforms, industrial development, and better governance.
Empowerment of Marginalized Groups:
Landmark judgments have protected the rights of women, Dalits, and other vulnerable groups.
Environmental Protection:
The judiciary has taken steps to address environmental issues, including river pollution and deforestation.
7. Recent Developments and Milestones
Constitution of Special Benches:
The Patna High Court has constituted special benches for expediting cases related to corruption, land disputes, and other urgent matters.
Promotion of ADR Mechanisms:
Mediation centers and Lok Adalats have been strengthened to reduce the burden on courts.
Judicial Activism:
The Patna High Court has been proactive in addressing issues of governance, public health, and education.