Administrative Set-Up of Odisha

Learning Outcomes:

1. Understand the structure of Odisha’s legislature, executive, and key institutions.
2. Learn historical milestones of Odisha’s legislative history.
3. Identify the powers and roles of the Governor, Chief Minister, and the Legislative Assembly.
4. Gain insight into political parties and governance bodies in Odisha.

Odisha Legislature

The Odisha Legislative Assembly serves as the unicameral state legislature of Odisha, with its seat located in Bhubaneswar. The legislature includes the Governor, who is appointed by the President of India, and the Legislative Assembly itself.

Historical Background of Odisha Legislative Assembly

1. On 1st April 1936, Odisha became a separate province through the British Government’s order, incorporating parts of the Bihar, Odisha Provinces, Madras Presidency, and Central Provinces.
2. This formation marked the first linguistic reorganization of a state in India.
3. From 1936 until March 1937, Odisha remained under the Governor’s personal rule.
4. Odisha’s Legislative Assembly began general elections in 1952.
5. Under Article 169 of the Constitution, Odisha has a unicameral legislature with only a Legislative Assembly.
6. The first pre-Independence Assembly was formed on 3rd February 1937, and the first post-Independence Assembly was constituted on 20th February 1952.
7. The first pre-Independence leader was Krushna Chandra Gajapati, and the first post-Independence leader was Harekrushna Mahatab.
8. Nandini Satpathy was the first woman leader of the Legislative Assembly.
9. The current fifteenth Odisha Legislative Assembly has 147 members, including 12 women, 35 Scheduled Tribes (ST), and 25 Scheduled Castes (SC) members.

Role of Legislature

1. The main function is to pass bills that become law after the Governor or President of India’s approval.
2. It drafts bills on subjects in the State List, as stated in the Seventh Schedule of the Constitution.
3. It passes the annual budget and financial bills.

Qualifications for Membership

1. Must be an Indian citizen.
2. Age must be 25 years or older.
3. Should meet additional qualifications as prescribed by Parliamentary law.

Term of Legislative Assembly

1. The Assembly’s tenure is 5 years from its first meeting’s date, beginning with the Governor’s address (Article 176 (1)).
2. Upon expiry, it dissolves, and new elections are held to reconstitute the House.
3. The Odisha Legislative Assembly building was inaugurated on 12th February 1961.

Powers of Legislative Assembly

1. Control Over Executive: The Legislature supervises ministers by raising direct or supplementary questions.
2. Legislative Powers: It can frame laws on subjects in the State List and the Concurrent List, but laws on the Concurrent List will be void if conflicting with Union laws.
3. Financial Powers: Controls state finances as per Article 202, introduces budgets, and can modify or reject budget grants.
4. Electoral Functions: Its elected members participate in the Presidential election and elect representatives to the Rajya Sabha.

Important Note: The Assembly’s power during an emergency allows the Indian Parliament to make laws even on the State List.

Speaker of Odisha Legislative Assembly

1. The Speaker presides over all Legislative Assembly meetings. All speeches and debates address the Speaker.
2. The Speaker’s signature authenticates bills before they are sent to the Governor.
3. The decision of the Speaker is final in determining whether a bill is a Money Bill.
4. The first pre-Independence Speaker was Mukunda Prasad Das, and the first post-Independence Speaker was Nanda Kishore Das.

State Political Parties

1. Odisha Communist Party (OCP): Formed in the early 1990s as a splinter group from the Communist Party of India (Marxist). Led by Ajeya Rout.
2. Biju Janata Dal (BJD): Founded on 26th December 1997 and led by Naveen Patnaik, named after former Chief Minister Biju Patnaik.
3. Kosal Kranti Dal (KKD): Focuses on the creation of a separate Kosal state by bifurcating Odisha. Founded in 2007, primarily representing Western Odisha.

Odisha Executive

The Executive administers daily state operations. It includes the Governor, who acts as the nominal head, and the Chief Minister, the real administrative head.

Governor

1. As per Article 153, each state must have a Governor, appointed by the President of India.
2. The Governor serves as the nominal head, with real authority residing in the Chief Minister.
3. Article 155 allows the same person to serve as Governor for multiple states.
4. The first pre-Independence Governor of Odisha was John Austin Hubback.

Functions of Governor

1. The Governor acts as the state’s executive head, with all executive actions carried out in his/her name.
2. Appoints key officials, including the Chief Minister, Advocate General, and the Public Service Commission’s members.
3. Can summon, prorogue, or dissolve the State Legislature.
4. Can issue ordinances under Article 213 when the Legislature is not in session.

Chief Minister of Odisha

The Chief Minister heads the Council of Ministers and directs the Governor’s powers. The Chief Minister holds the real executive authority.

Qualifications

1. Must be a citizen of India and at least 25 years old.
2. Should be a member of the State Legislature.
3. If elected without Legislative membership, must become a member within six months.

Concept: The Britishers initially appointed a Prime Minister for provinces. Krushna Chandra Gajapati Narayan Deo was Odisha’s first Prime Minister in 1936, and Harekrushna Mahatab became the first Chief Minister post-Independence.

Important Institutions of Odisha

State Vigilance Directorate

1. Established in 1944 under the Supply and Transport Department to combat corruption.
2. Renamed to Vigilance in 1957, and underwent reorganization in 1961.
3. Currently functions under the General Administration Department of the Odisha Government.

Odisha Public Service Commission (OPSC)

1. Constituted on 1st April 1949, following its separation from Bihar.
2. Has accumulated expertise in selecting personnel for various state services.
3. Initially comprised three members, including the Chairman.

State Election Commission

1. Established on 27th May 1994 as a single-member body.
2. Conducts elections for Panchayati Raj Institutions and Urban Local Bodies.
3. Directly manages the election of Ward Members, Sarpanches, and others.

Odisha Human Rights Commission

1. Formed in 2000 under the Protection of Human Rights Act, 1993.
2. Became operational on 11th July 2003, with Justice D.P. Mohapatra as the first Chairperson.

Finance Department

1. Responsible for managing state finances, including taxation, revenue mobilization, and budget formulation.
2. Ensures accountability of public money through internal and external audits.

Table: Comparative Roles of Odisha’s Key Political Entities

Important Note: The Finance Department is pivotal in budgeting, resource mobilization, and public expenditure management.

Multiple Choice Question: Which entity in Odisha has the real executive authority?

1. Governor
2. State Election Commission
3. Chief Minister
4. Odisha Public Service Commission
   Correct Answer: 3. Chief Minister