High Court | BPSC Preparation: All subjects - BPSC (Bihar) PDF Download

Introduction

Judiciary is a crucial pillar of governance and the third organ of government, alongside the Legislature and Executive. Bihar's judiciary system was established during British India. The judiciary consists of three tiers: District or Subordinate Courts, High Court, and Supreme Court. The Supreme Court, located in New Delhi, is the highest judicial body in India. The High Court is the highest judicial authority in a state, and Bihar's High Court is situated in Patna. In addition to High Courts, states also have subordinate courts located in districts.

High Court in India

  • Provisions for establishing a High Court in each state are outlined in Articles 214 to 231 of the Indian Constitution. The High Court is at the top of the judicial system in the state. Article 231 allows Parliament to create a common High Court for two or more states. The Chief Justice leads the High Court, along with other judges.
  • As per Article 217, the President appoints the Chief Justice of a High Court with the Governor's consent, and they serve until 62 years of age. High Court judges are appointed by the President in consultation with the Chief Justice of India and the Governor of the respective state. Other judges are appointed in consultation with the Chief Justice of the High Court.

High Court in Bihar

  • The Patna High Court, located in the state of Bihar, was established in a building inaugurated on February 3, 1916, after its foundation stone was laid on December 1, 1913, by Lord Hardinge, the then Viceroy of India. Initially, the court had a Chief Justice and six judges. By 1947, it had nine permanent and three additional judges.
  • After Odisha became a separate province in 1937, the Patna High Court continued to oversee both Bihar and Orissa until a separate High Court for Orissa was established in 1948. In 1972, a circuit bench of the Patna High Court was opened in Ranchi, which later became the Jharkhand High Court in November 2000, following the Bihar Reorganisation Act of 2000. As of now, the Patna High Court has 29 permanent judges, including the Chief Justice. The court celebrated its 100th anniversary on February 3, 2016.

Jurisdiction and Powers of the High Court

  • Original Jurisdiction: The High Court has the authority to hear certain disputes directly, without them being appealed from lower courts. This includes cases related to wills, marriage, divorce, company laws, contempt of court, and revenue matters. 
  • Writ Jurisdiction: The High Court can issue writs, such as prohibition and quo warranto, to enforce Fundamental Rights guaranteed by the Constitution. 
  • Appellate Jurisdiction: The High Court hears appeals in both civil and criminal cases. In civil matters, there can be first or second appeals. In criminal cases, an appeal can be made if the sentence is seven years or more. 
  • Power of Superintendence: Under Article 227 of the Constitution, the High Court has supervisory authority over all courts and tribunals under its jurisdiction. It also oversees subordinate courts and prescribes the forms in which records must be maintained.
  • Transfer of Cases Under Article 228: The High Court has the authority to withdraw a case from subordinate courts and decide on it directly if the case involves a significant question of law.

Chief Justice of Patna High Court

Name

From

To

Sir Edward Maynerd Champs Chamier

1st March, 1916

30th October, 1917

Sir Thomas Fredrick Dawson Miller

31st October, 1917

31st March, 1928

Sir Courtney Terrell

06th May, 1938

Sir Arther Trevor Harries

10th May, 1938

19th January, 1943

Sir Syed Fazil Ali

14th October, 1946

Sir Clifford Manmohan Agarwal

9th January, 1948

24th January, 1950

Sir Herbert Ribton Meredith

25th January, 1950

08th April, 1950

Pandit Lakshami Kant Jha

8th April, 1950

01st June, 1952

David Ezra Reuben

1st June, 1952

02nd September, 1953

Syed Jafar Imam

3rd September, 1953

10th January, 1955

Sudhansu Kumar Das

30th April, 1956

Vaidyanathier Ramaswami

04th January, 1965

Ramaswamy Lakshmi Narasimhan

02nd August, 1968

Satish Chandra Mishra

09th November, 1968

05th September, 1970

Ujjwal Narayan Sinha

29th September, 1972

Nand Lal Untwalia

03rd October, 1974

Shyam Nandam Prasad Singh

3rd October, 1974

01th May, 1976

Krishna Ballabh Narayan Singh

19th July, 1976

12th March, 1982

Surjit Singh Sandhawalia

29th November, 1983

27th July,1987

Bhagwati Prasad Jha

2nd January, 1988

02nd January, 1988

Deepak Kumar Sen

1st May, 1988

01th May, 989

Shushil Kumar Jha

19th October, 1989

23th October, 1989

Gangadhar Ganesh Sohani

24th October, 1989

17th December, 1990

Bimal Chandra Basak

18th March, 1994

21st October, 1994

K S Paripoornan

24th January, 1994

11th January, 1994

K Venkataswamy

19th September, 1994

06th March, 1995

G B Pattanaik

19th May, 1995

11th September, 1995

D P Wadhwa

29th September, 1995

21st March, 1997

B M Lal

9th July, 1997

06th October, 1999

Ravi S Dhavan

25th January, 2000

22nd July, 2004

Dr J N Bhatt

18th July, 2005

16th October, 2007

Rajesh Balia

5th January, 2008

03rd March, 2008

R M Lodha

13th May, 2008

16th December, 2008

J B Koshy

16th March, 2009

12th May, 2009

P K Mishra

12th August, 2009

16th September, 2009

Rekha Manharlal Doshit

21st June, 2010

12th December, 2014

L Narasimha Reddy

2nd January, 2015

31th July, 2015

Iqbal Ahmed Ansari

29th July, 2016

28th October, 2016

Mukesh Shah

12th August, 2018

17th November, 2018

Prominent Judges from Bihar

  • The first Chief Justice of the Patna High Court was Sir Justice Edward Maynard Des Champs Chamier.
  • Lakshami Kant Jha became the first Indian Chief Justice of the Patna High Court after India gained independence.
  • Justice Rekha Doshit made history as the first woman Chief Justice of the Patna High Court.
  • Justice Gyan Sudha Misra holds the distinction of being the first female judge from Bihar to serve on the Supreme Court of India.
  • Justice Bhuvaneshwar Prasad Sinha, a native of Bihar, served as the sixth Chief Justice of the Supreme Court of India.
  • Justice Lalit Mohan Sharma, who served on the Patna High Court, was the 24th Chief Justice of the Supreme Court of India.
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