The judiciary in Odisha plays a crucial role in maintaining law and order in the state. It is an important pillar of the government, ensuring justice and fairness. Let’s explore the different aspects of the judiciary in Odisha, focusing on the High Court and its subordinate courts.
High Court of Odisha
Introduction to the High Court
The High Court is the highest court in Odisha. It is the final authority in the state regarding judicial matters. The High Court consists of a Chief Justice and several other judges who are responsible for ensuring justice is served. The court has two main types of jurisdiction:
- Original Jurisdiction: This allows the High Court to hear cases directly, especially those related to fundamental rights and matters like matrimonial issues and contempt of court.
- Appellate Jurisdiction: The High Court hears appeals against decisions from lower courts in both civil and criminal cases.
Establishment of the High Court
- Historical Background: Originally, Odisha was under the jurisdiction of the Calcutta High Court. However, managing vast regions under one court was challenging, leading to changes over time.
- Patna High Court Era: On 9th February 1916, Odisha was placed under the jurisdiction of the Patna High Court as per the Government of India Act, 1915. The court began its sessions in Cuttack on 18th May 1916.
- Odisha Becomes a Separate Province: On 1st April 1936, Odisha was made a separate province, but it didn’t have its own High Court initially.
- Demand for a Separate High Court: The people of Odisha strongly demanded their own High Court. After persistent efforts, the Government of India issued the Odisha High Court Order, 1948. The High Court was finally inaugurated on 26th July 1948, with its seat at Cuttack.
Jurisdictions of the High Court
Here’s a table showing the jurisdictions of the High Court:
read more – Formation of Modern Odisha: A Brief History
Jurisdiction Type | Description |
---|---|
Original Jurisdiction | Issues writs to protect fundamental rights; handles cases like admiralty, probate, and matrimonial issues. |
Appellate Jurisdiction | Hears appeals from lower courts in both civil and criminal cases. |
Power of Superintendence | Oversees all courts and tribunals in the state, except those dealing with the armed forces. |
Power of Transfer of Cases | Can transfer cases involving significant legal questions to itself for hearing and judgment. |
Powers and Functions of the High Court
The High Court has several important functions and powers:
- Supervision of Lower Courts: Under Article 227 of the Constitution, the High Court can supervise and make rules for the functioning of all courts in the state.
- Power to Issue Writs: The High Court can issue writs to ensure that citizens’ fundamental rights are protected.
- Regulation of Legal Practice: The High Court has the authority to make rules and regulations to manage its operations and those of lower courts.
- Judicial Review: It has the power to review laws and decisions made by the state government and declare them unconstitutional if they violate the fundamental rights of citizens.
Chief Justice of Odisha
- Appointment: The Chief Justice of the High Court is appointed by the President of India after consulting the Chief Justice of India and the Governor of the state.
- Term of Office: The Chief Justice holds office until reaching the age of 62 years.
Notable Chief Justices of Odisha
- First Chief Justice: The first Chief Justice of Odisha was Bira Kishore Ray.
- First Woman Judge: The first woman judge in the Odisha High Court was Amiya Kumari Padhi.
- Current Chief Justice: As of March 2019, Kalpesh Satyendra Jhaveri was the Chief Justice of Odisha.
For more information on the current and past Chief Justices, you can visit the official Odisha High Court website.
Subordinate Courts in Odisha
The subordinate courts in Odisha function under the supervision of the High Court and are essential for the administration of justice at the local level.
Types of Subordinate Courts
- District and Sessions Courts: These are the highest courts in each district and are presided over by a District Judge, who also serves as the Sessions Judge when dealing with criminal cases. The District Judge is appointed by the Governor in consultation with the Chief Justice of the High Court.
- Special Courts: These courts have limited jurisdiction and are set up to handle specific types of cases, such as those related to the SC/ST Act or Anti-Corruption cases.
- Lok Adalat: These are courts that aim to resolve disputes through compromise and conciliation, reducing the burden on regular courts and ensuring quick justice.
- Lokayukta: This is an anti-corruption body that investigates and deals with complaints of corruption against government officials and politicians.
Structure of the Subordinate Courts
Here’s a chart summarizing the structure of subordinate courts in Odisha:
High Court of Odisha
|
-------------------------------------
| | |
District and Special Courts Lok Adalat
Sessions Courts |
| | |
District Judge SDJM Courts Presiding Judge
(also Sessions (sitting or
Judge) retired judge)
Role of Lokayukta
- The Lokayukta plays a vital role in fighting corruption in the state. Odisha was the first state in India to pass the Lokayukta Bill on 14th February 2014, showcasing its commitment to transparency and accountability in governance.
Additional Information
- For students preparing for Odisha government exams, understanding the judiciary’s role is crucial. Knowing the structure and functions of various courts helps in answering questions related to law and governance in the state.
- Current Updates: It’s essential to stay updated with the latest changes in the judiciary. You can refer to the Odisha Judiciary Updates for the latest information on appointments, court rulings, and legal changes.
This chapter provides a clear and straightforward understanding of the judiciary in Odisha, focusing on the High Court and its subordinate courts. With this knowledge, you can better appreciate the judicial system’s role in maintaining law and order in the state.
FAQs
1. Under which Section of the Government of India Act, 1915, was the High Court of Patna established?
Section 113.
2. Where did the Circuit Court of Patna High Court hold its first sitting?
Cuttack.
3. When was the seat of Patna High Court set up at Cuttack?
18th May, 1916.
4. In which year was Odisha made a separate province under British rule?
1936.
5. When was Odisha High Court formally inaugurated?
1948.
6. Which district is the seat of Odisha High Court located in?
Cuttack.
7. Where in Odisha is the High Court of Odisha situated?
Cuttack.
8. Which Article of the Constitution gives High Courts the power to issue writs?
Article 226.
9. To which matters does the original jurisdiction of the High Courts extend?
Admiralty, matrimonial, and contempt of court.
10. To which cases does the appellate jurisdiction of the High Court extend?
Both civil and criminal cases.
11. Who can extend the jurisdiction of a High Court to any Union Territory or exclude it?
Parliament.
12. Who appoints the Chief Justice of Odisha High Court?
The President.
13. Under which Article of the Indian Constitution is a High Court empowered to supervise all other courts except armed forces?
Article 227.
14. At what age does the Chief Justice of Odisha High Court retire?
62 years.
15. What is the sanctioned judge strength of Odisha High Court?
27.
16. Who was the first Chief Justice of Odisha when India became a Republic?
Justice Bira Kishore Ray.
17. Who was the first Chief Justice of Odisha to be appointed as the acting Governor of the state?
Justice Ranganath Mishra.
18. Which Chief Justice of Odisha High Court also served as Chief Judge of the Supreme Court?
All of the above (Ranganath Mishra, Dipak Mishra, G.B. Pattanaik).
19. Who served for the longest term as Chief Justice of Odisha?
R Laxman Narasimham.
20. When was Justice Ranganath Mishra the Chief Justice of Odisha?
1981-1983.
21. Who supervises the Subordinate Courts of a state?
High Court.
22. How many permanent Lok Adalats are currently in the state of Odisha?
13.
23. In which year was the Lokayukta Bill passed by the Odisha State Assembly?
2014.
24. What powers do High Courts have regarding their business in relation to justice?
High Courts have full powers to make rules and punish for their own contempt.
25. What powers does Parliament have regarding the jurisdiction and power of all courts?
Parliament can make laws touching the jurisdiction and power of all courts and legislate on the subjects in the Concurrent List.
26. Does the Constitution place any restriction on the powers of High Courts to have superintendence over subordinate courts?
No, the Constitution does not place any restriction on the powers of High Courts to have superintendence over subordinate courts.
27. Does the power of superintendence of High Courts include courts dealing with the armed forces?
No, it excludes those courts which deal with the armed forces.
28. Can a High Court take suo-moto action by calling for records?
Yes, a High Court can take suo-moto action by calling for records.