Odisha Judiciary | Odisha State PSC (OPSC): Preparation - OPSC OCS (Odisha) PDF Download

 Page 1


CHAPTER 19
The High Court in Odisha is the highest court of justice in the state.
The High Court consists of a Chief Justice and a few other judges. The
High Courts have two types of jurisdiction, the Original jurisdiction
and Appellate jurisdiction.
Odisha High Court
l
According to the Indian Constitution, Article 214, there has to be a separate High
Court established in every state of India.
l
The Province of Odisha along with Bihar was under the jurisdiction of Calcutta
High Court in 1912 but it was difficult to manage vast provinces.
l
On 9th February, 1916, under Section 113 of the Government of India Act, 1915,
Odisha was placed under the jurisdiction of Patna High Court, which held its first
sitting at Cuttack on 18th May, 1916.
l
On 1st April, 1936, Odisha was made a separate province, but no separate High
Court was provided for it.
l
People raised their voice for a separate High Court in their state. After a long
struggle, Government of India agreed to create a new High Court. For that
purpose, the Government of India issued the Odisha High Court Order, 1948,
under Section 229(1) of the Government of India Act, 1935 on 30th April, 1948.
l
Finally, on 26th July, 1948, Odisha High Court was formally inaugurated with its
seat at Cuttack.
Jurisdictions of the High Court
The following are the jurisdictionsthat the High Courtsenjoy alloverthe country
Original Jurisdiction
l
Article 226 of the Constitution vests in the High Court the power to issue writs
for the restoration of Fundamental Rights.
l
This power of the High Court does not change the similar power conferred on the
Supreme Court in Article 32 of the Constitution.
l
The Original Jurisdiction of the High Courts also extends to the matters of
admiralty, probate, matrimonial and contempt of court cases.
Page 2


CHAPTER 19
The High Court in Odisha is the highest court of justice in the state.
The High Court consists of a Chief Justice and a few other judges. The
High Courts have two types of jurisdiction, the Original jurisdiction
and Appellate jurisdiction.
Odisha High Court
l
According to the Indian Constitution, Article 214, there has to be a separate High
Court established in every state of India.
l
The Province of Odisha along with Bihar was under the jurisdiction of Calcutta
High Court in 1912 but it was difficult to manage vast provinces.
l
On 9th February, 1916, under Section 113 of the Government of India Act, 1915,
Odisha was placed under the jurisdiction of Patna High Court, which held its first
sitting at Cuttack on 18th May, 1916.
l
On 1st April, 1936, Odisha was made a separate province, but no separate High
Court was provided for it.
l
People raised their voice for a separate High Court in their state. After a long
struggle, Government of India agreed to create a new High Court. For that
purpose, the Government of India issued the Odisha High Court Order, 1948,
under Section 229(1) of the Government of India Act, 1935 on 30th April, 1948.
l
Finally, on 26th July, 1948, Odisha High Court was formally inaugurated with its
seat at Cuttack.
Jurisdictions of the High Court
The following are the jurisdictionsthat the High Courtsenjoy alloverthe country
Original Jurisdiction
l
Article 226 of the Constitution vests in the High Court the power to issue writs
for the restoration of Fundamental Rights.
l
This power of the High Court does not change the similar power conferred on the
Supreme Court in Article 32 of the Constitution.
l
The Original Jurisdiction of the High Courts also extends to the matters of
admiralty, probate, matrimonial and contempt of court cases.
l
The High Courts also have full powers to make rules to regulate their business in
relation to the administration of justice. It can punish for its own contempt.
Appellate Jurisdiction
l
The Appellate Jurisdiction of High Court extends to both civil and criminal cases.
l
In civil cases, its jurisdiction extends to cases tried by Courts of Munsifs and
District Judges.
l
In the criminal cases, it extends to cases decided by Sessions and Additional
Sessions Judges. Thus, the jurisdiction of the High Court extends to all cases under
the state or federal laws.
l
Its jurisdiction can be enlarged by the Parliament and the State Legislature.
l
The Parliament exercises exclusive power to make laws touching the jurisdiction
and power of all courts with respect to the subjects on which it is competent to
legislate.
l
It can also legislate on subjects enumerated in the Concurrent List.
Power and Function of the High Court
l
The Constitution of India has not made clear and detailed description of the
powers and functions of the High Court as it has done in the case of Supreme
Court.
l
Before the Constitution of India was adopted, the High Courts with well defined
powers, were functioning in different states. Thus, the framers of Constitution did
not feel the need of describing in detail the Jurisdiction of High Court.
The power and functionsof the High Court can be dividedasfollows:
Power of Superintendence
A High Court under Article 227 has also the power of superintendence over all
courts and tribunals except those dealing with the armed forces functioning in the
state.In exercise of thispower,it may:
l
issue general rules and prescribe forms for regulating the practice and proceedings
of such courts.
l
prescribe forms in which books entries and accounts are being kept by the officers
of any court.
Power of Transfer of Cases to High Court
If the High Court is satisfied that a case pending in a subordinate court involves a
substantial question of law as to the interpretation of the Constitution, it shall
withdraw the case itself and do either of the following two ways:
i. It will dispose of the case.
199 Odisha Judiciary
Page 3


CHAPTER 19
The High Court in Odisha is the highest court of justice in the state.
The High Court consists of a Chief Justice and a few other judges. The
High Courts have two types of jurisdiction, the Original jurisdiction
and Appellate jurisdiction.
Odisha High Court
l
According to the Indian Constitution, Article 214, there has to be a separate High
Court established in every state of India.
l
The Province of Odisha along with Bihar was under the jurisdiction of Calcutta
High Court in 1912 but it was difficult to manage vast provinces.
l
On 9th February, 1916, under Section 113 of the Government of India Act, 1915,
Odisha was placed under the jurisdiction of Patna High Court, which held its first
sitting at Cuttack on 18th May, 1916.
l
On 1st April, 1936, Odisha was made a separate province, but no separate High
Court was provided for it.
l
People raised their voice for a separate High Court in their state. After a long
struggle, Government of India agreed to create a new High Court. For that
purpose, the Government of India issued the Odisha High Court Order, 1948,
under Section 229(1) of the Government of India Act, 1935 on 30th April, 1948.
l
Finally, on 26th July, 1948, Odisha High Court was formally inaugurated with its
seat at Cuttack.
Jurisdictions of the High Court
The following are the jurisdictionsthat the High Courtsenjoy alloverthe country
Original Jurisdiction
l
Article 226 of the Constitution vests in the High Court the power to issue writs
for the restoration of Fundamental Rights.
l
This power of the High Court does not change the similar power conferred on the
Supreme Court in Article 32 of the Constitution.
l
The Original Jurisdiction of the High Courts also extends to the matters of
admiralty, probate, matrimonial and contempt of court cases.
l
The High Courts also have full powers to make rules to regulate their business in
relation to the administration of justice. It can punish for its own contempt.
Appellate Jurisdiction
l
The Appellate Jurisdiction of High Court extends to both civil and criminal cases.
l
In civil cases, its jurisdiction extends to cases tried by Courts of Munsifs and
District Judges.
l
In the criminal cases, it extends to cases decided by Sessions and Additional
Sessions Judges. Thus, the jurisdiction of the High Court extends to all cases under
the state or federal laws.
l
Its jurisdiction can be enlarged by the Parliament and the State Legislature.
l
The Parliament exercises exclusive power to make laws touching the jurisdiction
and power of all courts with respect to the subjects on which it is competent to
legislate.
l
It can also legislate on subjects enumerated in the Concurrent List.
Power and Function of the High Court
l
The Constitution of India has not made clear and detailed description of the
powers and functions of the High Court as it has done in the case of Supreme
Court.
l
Before the Constitution of India was adopted, the High Courts with well defined
powers, were functioning in different states. Thus, the framers of Constitution did
not feel the need of describing in detail the Jurisdiction of High Court.
The power and functionsof the High Court can be dividedasfollows:
Power of Superintendence
A High Court under Article 227 has also the power of superintendence over all
courts and tribunals except those dealing with the armed forces functioning in the
state.In exercise of thispower,it may:
l
issue general rules and prescribe forms for regulating the practice and proceedings
of such courts.
l
prescribe forms in which books entries and accounts are being kept by the officers
of any court.
Power of Transfer of Cases to High Court
If the High Court is satisfied that a case pending in a subordinate court involves a
substantial question of law as to the interpretation of the Constitution, it shall
withdraw the case itself and do either of the following two ways:
i. It will dispose of the case.
199 Odisha Judiciary
ii. It will determine the question of law and return the case to the court from
whom it had been withdrawn together with a copy of its judgement on such
question and the court shall dispose off the case in conformity with such
judgement.
Chief Justice of Odisha
The Chief Justice is the presiding member of the court. The Chief Justice is
appointed by the President of India after consultation with the Chief Justice of India
and Governor of the state. The Chief Justice holds the office until he attains the age
of 62 years. The approved strength of Judges in Odisha High Court is 27 and its seat
is in Cuttack. The first Chief Justice of Odisha was Bira Kishore Ray. The first
women Judge of Odisha was Amiya Kumari Padhi. The Current Chief Justice of
Odisha is Kalpesh Satyendra Jhaveri (ason 23rdMarch,2019).
Important Facts About Chief Justice of Odisha
Ranganath Mishra served as Chief Justice of Odisha High Court for 3 years. He also served
as 21th Chief Justice of India (Judge of Supreme Court) from 25th September, 1900-24th
November, 1991 and also as Governor of Odisha. GB Pattanaik and Dipak Mishra, Chief
Justices of Odisha also served as Chief Justice of Supreme Court of India.
Subordinate Courts in Odisha
The subordinate courts work under the High Court. The structure and jurisdiction
of the subordinate courts work under High Court of Odisha.
200 Know Your State ODISHA
s BUILDINGOFODISHAHIGHCOURT
Page 4


CHAPTER 19
The High Court in Odisha is the highest court of justice in the state.
The High Court consists of a Chief Justice and a few other judges. The
High Courts have two types of jurisdiction, the Original jurisdiction
and Appellate jurisdiction.
Odisha High Court
l
According to the Indian Constitution, Article 214, there has to be a separate High
Court established in every state of India.
l
The Province of Odisha along with Bihar was under the jurisdiction of Calcutta
High Court in 1912 but it was difficult to manage vast provinces.
l
On 9th February, 1916, under Section 113 of the Government of India Act, 1915,
Odisha was placed under the jurisdiction of Patna High Court, which held its first
sitting at Cuttack on 18th May, 1916.
l
On 1st April, 1936, Odisha was made a separate province, but no separate High
Court was provided for it.
l
People raised their voice for a separate High Court in their state. After a long
struggle, Government of India agreed to create a new High Court. For that
purpose, the Government of India issued the Odisha High Court Order, 1948,
under Section 229(1) of the Government of India Act, 1935 on 30th April, 1948.
l
Finally, on 26th July, 1948, Odisha High Court was formally inaugurated with its
seat at Cuttack.
Jurisdictions of the High Court
The following are the jurisdictionsthat the High Courtsenjoy alloverthe country
Original Jurisdiction
l
Article 226 of the Constitution vests in the High Court the power to issue writs
for the restoration of Fundamental Rights.
l
This power of the High Court does not change the similar power conferred on the
Supreme Court in Article 32 of the Constitution.
l
The Original Jurisdiction of the High Courts also extends to the matters of
admiralty, probate, matrimonial and contempt of court cases.
l
The High Courts also have full powers to make rules to regulate their business in
relation to the administration of justice. It can punish for its own contempt.
Appellate Jurisdiction
l
The Appellate Jurisdiction of High Court extends to both civil and criminal cases.
l
In civil cases, its jurisdiction extends to cases tried by Courts of Munsifs and
District Judges.
l
In the criminal cases, it extends to cases decided by Sessions and Additional
Sessions Judges. Thus, the jurisdiction of the High Court extends to all cases under
the state or federal laws.
l
Its jurisdiction can be enlarged by the Parliament and the State Legislature.
l
The Parliament exercises exclusive power to make laws touching the jurisdiction
and power of all courts with respect to the subjects on which it is competent to
legislate.
l
It can also legislate on subjects enumerated in the Concurrent List.
Power and Function of the High Court
l
The Constitution of India has not made clear and detailed description of the
powers and functions of the High Court as it has done in the case of Supreme
Court.
l
Before the Constitution of India was adopted, the High Courts with well defined
powers, were functioning in different states. Thus, the framers of Constitution did
not feel the need of describing in detail the Jurisdiction of High Court.
The power and functionsof the High Court can be dividedasfollows:
Power of Superintendence
A High Court under Article 227 has also the power of superintendence over all
courts and tribunals except those dealing with the armed forces functioning in the
state.In exercise of thispower,it may:
l
issue general rules and prescribe forms for regulating the practice and proceedings
of such courts.
l
prescribe forms in which books entries and accounts are being kept by the officers
of any court.
Power of Transfer of Cases to High Court
If the High Court is satisfied that a case pending in a subordinate court involves a
substantial question of law as to the interpretation of the Constitution, it shall
withdraw the case itself and do either of the following two ways:
i. It will dispose of the case.
199 Odisha Judiciary
ii. It will determine the question of law and return the case to the court from
whom it had been withdrawn together with a copy of its judgement on such
question and the court shall dispose off the case in conformity with such
judgement.
Chief Justice of Odisha
The Chief Justice is the presiding member of the court. The Chief Justice is
appointed by the President of India after consultation with the Chief Justice of India
and Governor of the state. The Chief Justice holds the office until he attains the age
of 62 years. The approved strength of Judges in Odisha High Court is 27 and its seat
is in Cuttack. The first Chief Justice of Odisha was Bira Kishore Ray. The first
women Judge of Odisha was Amiya Kumari Padhi. The Current Chief Justice of
Odisha is Kalpesh Satyendra Jhaveri (ason 23rdMarch,2019).
Important Facts About Chief Justice of Odisha
Ranganath Mishra served as Chief Justice of Odisha High Court for 3 years. He also served
as 21th Chief Justice of India (Judge of Supreme Court) from 25th September, 1900-24th
November, 1991 and also as Governor of Odisha. GB Pattanaik and Dipak Mishra, Chief
Justices of Odisha also served as Chief Justice of Supreme Court of India.
Subordinate Courts in Odisha
The subordinate courts work under the High Court. The structure and jurisdiction
of the subordinate courts work under High Court of Odisha.
200 Know Your State ODISHA
s BUILDINGOFODISHAHIGHCOURT
The typesof Subordinate Courtsin Odisha are discussedbelow:
District and Sessions Courts
l
The District Courts administer justice at district level. These courts are under
administrative control of the High Court of the concerned state. The decisions of
District Court is subject to the appellate jurisdiction of the High Court.
l
The highest court in each district is that of the District and Sessions Judge Court.
l
The District Court is presided over by District Judge who is appointed by the
Governor in consultation with the Chief Justice of the High Court of the
concerned state.
l
The District Judge is the highest judicial authority in the district. He/She possesses
original and appellate jurisdiction in civil and criminal matters arising in the
district. In other words, the District Judge is also the Session Judge.
l
When he/she deals with civil cases, he/she is known as the District Judge and
when he/she hears the criminal cases, he/she is called the Sessions Judge.
l
In the district the Sessions Court is the highest court. Some other officials in these
courts are Chief Judicial Magistrate (CJM) and Civil Judge I and II. CJM
monitors all the administrative work of the court.
Special Courts
l
Special court of Odisha has been set up at district level for Special Act. A Special
Court is a court with limited jurisdiction. Under the ST/SC Act, 1989 and
Anti-corruption Act, the special court is set up for trying criminal cases against
legislature.
l
SDJM (Sub-Divisional Judicial Magistrate) Court of Nabarangpur and the Court
of Second Additional District and Sessions Judge, Berhampur serve as special
courts to deal with cases related to honour killing and violence.
Lok Adalat
l
The Lok Adalats settle disputes which could be settled by compromise and conciliation
between two parties thereby reducing the time taken for court proceedings.
l
It is presided over by a sitting or a retired Judge. As per the Odisha State Legal
Services Authority, 13 Permanent Lok Adalats have been established for the
undivided districts of Cuttack, Ganjam, Dhenkanal, Sambalpur, Balasore,
Sundargarh, Balangir, Mayurbhanj at Baripada, Koraput at Jeypore, Keonjhar,
Puri, Bhawanipatna at Kalahandi and Bhubaneswar.
Lokayukta
l
It is an anti-corruption organisation in the Indian states. The Lokayukta, along
with the Income Tax Department and the Anti Corruption Bureau, mainly helps
people publicise corruption among the Politicians and Government Officials.
l
Odisha was first state to pass the Lokayukta Bill in the State Assembly on 14th
February, 2014.
201 Odisha Judiciary