Bihar Civil Nyayalay Court Bill 2026

Bihar Civil Nyayalay Court Bill 2026

Why in News? 

Recently, the Bihar Legislative Assembly has passed the Bihar Civil Nyayalay (Court) Bill, 2026 to repeal the colonial-era Bengal, Agra, and Assam Civil Courts Act, 1887, which had governed Bihar’s subordinate courts for over 114 years.

Provisions of Bihar Civil Nyayalay (Court) Bill, 2026

• Restructured Judicial Hierarchy: The legislation provides a modern classification of subordinate courts within Bihar. It streamlines the hierarchy of Civil Judges (Junior and Senior Divisions) and District Judges, offering greater clarity regarding their administrative structure and roles. 
• High Court Administrative Control: A pivotal provision mandates that all civil courts function under the direct administrative control of the Patna High Court. The state government can only determine the number of judges or alter territorial jurisdictions in strict consultation with the High Court. 
• Revised Pecuniary Jurisdiction: The Bill empowers the state to update the financial limits (pecuniary jurisdiction) for different classes of judges. By increasing these limits, the law aims to decentralize the case burden from District Courts to lower-tier civil judges, accelerating dispute resolution. 
• Integration of Modern Evidence: The law establishes the legal basis for integrating electronic communication and audio-visual tools in civil proceedings. It aligns court operations with contemporary digital standards, facilitating electronic summons and e-certified records to reduce procedural delays. 
• Rule-Making Authority: The Bill grants the state and the High Court the authority to frame supplementary rules for the Act’s implementation. This ensures the legal system remains flexible enough to update court fees and procedural forms without requiring a new legislative amendment each time. 

Need for Reform in Bihar’s Civil Court System

• Repeal of Obsolete 1887 Act: The primary driver was the need to discard the Bengal, Agra, and Assam Civil Courts Act, 1887. Bihar had been using a 139-year-old joint-province law that did not reflect its status as an independent state with unique socio-legal challenges. 
• Staggering Case Backlog: Bihar’s subordinate courts face a massive crisis with over 37.15 lakh pending cases. The old system lacked the structural agility to process filings, resulting in 23% of cases remaining unresolved for over a decade, necessitating a revamped hierarchy.
• Irrelevant Pecuniary Limits: Under the 1887 Act, the financial jurisdiction of Junior and Senior Civil Judges was tied to historical currency values. With inflation, these limits became obsolete, forcing minor property disputes into higher courts and causing judicial congestion.
• Digital Transformation Gap: The previous framework had no statutory provision for electronic evidence or digital summons. Reform was required to provide legal backing for e-governance initiatives and the e-Certified Copy Rules, essential for modernizing Bihar’s 79 court locations.
• Jurisdictional Ambiguity: The lack of a defined state-specific hierarchy led to administrative confusion regarding territorial limits. The Bill was needed to empower the Patna High Court with clear oversight to redefine jurisdictions based on current population density and caseloads.
• Rule-Making Autonomy: The state required the power to update court fees and procedural forms without awaiting Central amendments. This legislative flexibility is vital for responding to the economic shifts within Bihar’s local legal economy.