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

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.