Subordinate Courts | BPSC Preparation: All subjects - BPSC (Bihar) PDF Download

Subordinate Courts

The Subordinate Courts in Bihar include District Courts, Lok Adalats, and Lokayuktas.

District Courts

• District Courts are established under Articles 233 to 237 of the Indian Constitution and are responsible for administering justice at the district level. These courts operate under the administrative control of the High Court of the respective state. The decisions made by District Courts are subject to the appellate jurisdiction of the High Court.
• The District and Session Judge Court is the highest court in each district, and the District Court is headed by a District Judge. The Governor appoints the District Judge in consultation with the Chief Justice of the High Court. Other judicial appointments are made by the Governor in consultation with the State Public Service Commission and the High Court.
• There are two types of District Courts: civil and criminal. These courts function under the supervision and control of the High Court of the concerned state.

District Courts in Bihar

• Bihar has a total of 38 districts, and each district has either a District Court or a Subordinate Court. The oldest District Court in Bihar is located in Muzaffarpur, established in 1875 under the Calcutta High Court. Over time, its jurisdiction expanded to include Darbhanga, Motihari, and Chhapra, leading to the creation of separate judgeships for Darbhanga in 1898 and Chhapra and Saran in 1899.
• By 1947, there were 13 judgeships in Bihar. After the separation of the Odisha judgeship in 1948, new judgeships were established in various districts of Bihar. Following the creation of Jharkhand State on November 15, 2000, the Bihar Judiciary was bifurcated, with several judgeships transferred to Jharkhand. New judgeships were later established in Jamui in 2005 and Sheohar in 2012 within Bihar.

Gram Katchahary or Village Court in Bihar

• Bihar is the only state in India to have established Gram Katchahary, or village courts, under Section 990 of the Bihar Panchayati Raj Act 2006.
• These courts consist of five members, including all the Panches and the Sarpanch, with one member elected as the judge of the proceedings.
• Gram Katchahary has the authority to hear cases related to the loss of movable property valued at less than ten thousand rupees, as per Section 120 of the Civil Right Act.
• The initiative aims to resolve petty disputes quickly and cost-effectively.
• The police department assists in the proper functioning of these courts, which operate under the Panchayati Raj Institutions in rural Bihar.
• Gram Katchahary members are appointed for a five-year term, with the Sarpanch serving as the elected leader, the Up-Sarpanch as the vice-chairperson, and the Panches as elected members.

Lok Adalats

• Lok Adalats, established under the Legal Services Authority Act of 1987, operate at central, state, and district levels to provide speedy and cost-effective justice, particularly benefiting marginalized sections of society. 
• These Adalats handle various cases, including civil disputes, matrimonial issues, and property or land-related conflicts. The concept of Lok Adalats was significantly promoted by former Chief Justice of India, P.N. Bhagwati.

Lok Adalats in Bihar

• The Bihar State Legal Services Authority (BSLSA), constituted under the Legal Service Authority Act of 1987, aims to provide legal services to vulnerable groups in society. 
• In Bihar, there are three types of Lok Adalats: Continuous Lok Adalat, Mobile Lok Adalat, and National Lok Adalat. These Adalats resolve disputes either through court appeals or at the pre-litigation stage by reaching a compromise, with cases settled by the BSLSA.

Lokayukta

• The Lokayukta is an organization established in Indian states to combat corruption. It serves the interests of the general public by addressing issues of maladministration and political corruption.
• In the case of states, the Lokayukta is appointed by the State Legislature, which includes the Chief Minister, Speaker, Opposition Leader, and Chief Justice of the High Court. Once appointed, the Lokayukta cannot be dismissed or transferred easily; removal requires an impeachment motion.

Lokayukta in Bihar

• The Lokayukta in Bihar was established under the Bihar Lokayukta Act of 1973. The State Government made various amendments to the Act through the Bihar Lokayukta Act of 2012. The Lokayukta's jurisdiction extends to the entire state of Bihar.
• The Lokayukta is appointed by the Governor of Bihar.
• The appointment process involves consultation with the Chief Justice of the Patna High Court and the Leader of the Opposition in the Bihar State Legislative Assembly.
• The Lokayukta is appointed for a term of five years.

Structure of Bihar Lokayukta

The Bihar Lokayukta comprises three members: a Chairperson, a Judicial Member, and an Ordinary Member.

Eligibility Criteria

• Two members must be from the Bihar Judiciary, having served or currently serving as Judges of the Bihar High Court.
• All members should be below the age of 70 years.

Appointment Process

• All members are appointed by the Governor of Bihar.
• Appointments are based on recommendations from the Selection Committee.

Naming and History

• Each Lokayukta is named after its Chairperson.
• The first Chairperson of the Bihar Lokayukta was Justice Sridhar Vasudev Sohoni.

Advocate General

• The Advocate General, also known as the Solicitor General, is a legal officer and the chief representative of a region or state in India. This position is statutory, established under Article 165 of the Indian Constitution. 
• The Advocate General advises the state government on legal matters. The Governor of the state appoints the Advocate General, usually based on a proposal moved by the Joint Secretary in the Department of Legal Affairs. The Advocate General is assisted by Additional Advocate Generals.

Advocate General in Bihar

• In Bihar, the Advocate General is a senior law officer appointed by the Governor. The Advocate General provides legal advice to the State Legislature as needed. 
• The position of Advocate General was reestablished in Bihar in 1937 by the Patna High Court. Since then, 21 lawyers have served as Advocate Generals in the Bihar judiciary system.

Police Administration in Bihar

• Police administration is a crucial organization within a state, responsible for maintaining law and order. In Bihar, the headquarters of the police administration is located in Patna. The Bihar Police Department is tasked with law enforcement and ensuring public safety throughout the state. It operates under the direct control of the Department of Home Affairs, Government of Bihar.
• The Bihar Police is led by the Director General of Police (DGP), who holds a three-star rank. The state is divided into four zones: Patna, Muzaffarpur, Darbhanga, and Bhagalpur. Each zone is overseen by an Additional Director General of Police (ADGP) or an Inspector-General. Within each zone, there are two to three ranges, each managed by a Deputy Inspector-General of Police (DIGP).
• Each range consists of three to six districts, with each district under the jurisdiction of a Superintendent of Police (SP). Notably, Patna district is supervised by a Senior Superintendent of Police (SSP).