Odisha Judiciary

Learning Outcomes:

1. Understand the establishment and evolution of the Odisha High Court.
2. Recognize the jurisdictions and powers of High Courts in India.
3. Identify the role of subordinate courts and special courts in Odisha.
4. Acknowledge key facts about the Chief Justices of Odisha High Court.

Establishment and Evolution of Odisha High Court

The Odisha High Court holds historical significance as a judicial institution in the state of Odisha. The Indian Constitution mandates a separate High Court for each state under Article 214.

Key Developments:

1. Early Jurisdiction: The Province of Odisha was originally under the jurisdiction of the Calcutta High Court in 1912, along with Bihar. Due to the vast territory, administrative challenges arose.
2. Transition to Patna: On 9th February 1916, Section 113 of the Government of India Act, 1915 transferred Odisha under the jurisdiction of the Patna High Court, which first held court at Cuttack on 18th May 1916.
3. Odisha as a Separate Province: Despite becoming a separate province on 1st April 1936, no separate High Court was established.
4. Demand for a High Court: A growing demand from the people of Odisha eventually led to the Government of India agreeing to create a separate High Court.
5. Creation of Odisha High Court: On 30th April 1948, the Odisha High Court Order, 1948, was issued under Section 229(1) of the Government of India Act, 1935.
6. Formal Inauguration: The High Court was formally inaugurated on 26th July 1948 in Cuttack.

Jurisdictions of High Courts

High Courts in India enjoy a variety of jurisdictions to ensure the protection of rights and the rule of law.

1. Original Jurisdiction

1. Restoration of Fundamental Rights: Under Article 226, High Courts have the authority to issue writs for restoring Fundamental Rights.
2. Concurrent with Supreme Court: This power does not override the Supreme Court’s similar authority under Article 32.
3. Scope of Original Jurisdiction: It includes matters related to admiralty, probate, matrimonial issues, and contempt of court cases.
4. Regulation and Punishment: High Courts have full powers to create rules for the regulation of their administrative functions and to punish for contempt.

2. Appellate Jurisdiction

1. Civil and Criminal Cases: This jurisdiction extends to civil cases tried by Munsif and District Courts and criminal cases judged by Sessions and Additional Sessions Courts.
2. Enlargement by Legislature: The jurisdiction of High Courts can be expanded by the Parliament and State Legislature.
3. Legislative Authority: Parliament has exclusive power to legislate on court jurisdiction and matters listed in the Concurrent List.

Important Note: The Constitution of India does not provide a detailed description of the High Courts’ powers, assuming that the existing framework and practices are sufficient.

Powers and Functions of High Courts

Although not explicitly detailed in the Constitution, the High Courts possess extensive powers rooted in their historical functioning.

1. Power of Superintendence

1. Article 227: This article grants High Courts the power of superintendence over all courts and tribunals within the state, excluding military tribunals.
2. Issuing Rules: They can issue general rules and prescribe forms for regulating court proceedings.
3. Administrative Oversight: The High Courts dictate how records, entries, and accounts are maintained by court officers.

2. Power of Transfer of Cases

1. Substantial Constitutional Questions: If a case in a subordinate court involves significant constitutional interpretation, the High Court can withdraw it.
2. Resolution: It may choose to either dispose of the case itself or resolve the constitutional question and return the case for final adjudication.

Chief Justice of Odisha

The Chief Justice is the presiding officer of the Odisha High Court. The appointment process and notable facts include:

1. Appointment: The President of India, in consultation with the Chief Justice of India and the Governor of the state, appoints the Chief Justice.
2. Term: The Chief Justice serves until the age of 62 years.
3. Seat and Strength: The approved strength is 27 judges, with the seat located in Cuttack.
4. Historical Figures: The first Chief Justice was Bira Kishore Ray, and the first female judge was Amiya Kumari Padhi.
5. Noteworthy Appointments: Ranganath Mishra served as both the Chief Justice of Odisha and later the Chief Justice of India. Similarly, GB Pattanaik and Dipak Mishra held the position of Chief Justice in Odisha before serving as Chief Justices of the Supreme Court of India.

Subordinate Courts in Odisha

The structure and types of subordinate courts in Odisha function under the administrative control of the High Court.

1. District and Sessions Courts

1. District Level Administration: These courts are presided over by the District Judge, the highest authority at the district level, appointed by the Governor in consultation with the Chief Justice.
2. Dual Role: The District Judge acts as the Sessions Judge for criminal cases and District Judge for civil matters.
3. Other Officials: Other key officials include the Chief Judicial Magistrate (CJM), who oversees administrative court functions.

2. Special Courts

1. Limited Jurisdiction: Special Courts in Odisha deal with cases under specific acts, such as the ST/SC Act, 1989 and Anti-Corruption Act.
2. Specific Designations: Examples include the SDJM Court of Nabarangpur and the Second Additional District and Sessions Judge at Berhampur, handling cases related to honor killings and violence.

3. Lok Adalat

1. Dispute Resolution: Lok Adalats facilitate dispute settlement through compromise and conciliation, speeding up legal processes.
2. Permanent Establishments: As per the Odisha State Legal Services Authority, 13 Permanent Lok Adalats are operational across the state in districts like Cuttack, Ganjam, Dhenkanal, and others.

4. Lokayukta

1. Anti-Corruption: Odisha was the first state to pass the Lokayukta Bill on 14th February 2014, aimed at tackling corruption among politicians and government officials.

Important Note: The Lokayukta, in coordination with the Income Tax Department and Anti-Corruption Bureau, plays a crucial role in exposing corrupt practices within the state.

Comprehensive Table: High Court and Subordinate Courts Comparison

Important Concept: The Lok Adalat system’s foundation lies in expediting court proceedings by resolving disputes through compromise, highlighting an innovative alternative in India’s judiciary.

MCQ: Which article of the Indian Constitution grants High Courts the power to issue writs for the restoration of Fundamental Rights?

1. Article 214
2. Article 227
3. Article 226
4. Article 32
   Correct Answer: 3. Article 226