Introduction 

• During the colonial period Orissa was originally a part of Bengal. 
• The new province of Bihar and Orissa was formed on 22nd March 1912. 
• Calcutta High Court was having jurisdiction over the new province. 
• Later it came under the jurisdiction of Patna High Court on 26th February 1916. 
• On 1st April 1936 the separate province of Orissa was formed. 
• Justice Bira Kishore Ray was the first Chief Justice of the Orissa High Court. 

History of Orissa High Court. 

• The High Court Bar Association at Cuttack adopted a Resolution on 26th July, 1938 demanding a separate High Court for Orissa. 
• A committee was formed to examine the resolution, and a report was published on 31^st December 1943. 
• On 30^th April 1948, the Governor-General of India in exercise of the powers conferred by Section 229(1) of the Government of India Act, 1935 issued the Orissa High Court Order, 1948 providing for constitution of the High Court for the Province of Orissa from 5th July 1948. 
• Later, by Orissa High Court (Amendment) Order 1948, the date of formation was changed to 26^th  July, 1948. 
• From 18^th May 1916 the judges of Patna High Court started sitting in circuit at Cuttack. 
• An Advocate General for Orissa was appointed. 
• Four of the districts of Orissa at the relevant time, namely Cuttack, Balasore, Puri and Angul were under the jurisdiction of a single district judges.  

District Courts Under the Jurisdiction of Orissa High Court 

• There are a total of 30 district courts under the jurisdiction of Orissa High Court having the following positions: 
  • District Judge 
  • Senior Civil Judge  
  • Civil Judge  
  • Nyayadhikari of Gram Nyayalayas  
  • Special Judicial Magistrate 

Appointment of Judges 

• The President appoints Chief Justice of the Orissa High Court, in consultation with the Chief Justice of India (CJI).  
  • The CJI is required to consult with two senior-most judges of the Supreme Court. 
• The President appoints Judges to the Orissa High Court (excluding the Chief Justice) through a formal process by warrant under his hand and seal.  
  • This involves consulting with the Chief Justice of India and following the recommendation of the Chief Justice of the Orissa High Court.  
• Additionally, the Chief Justice of India is obligated to seek input from the two most senior judges in the Supreme Court, while the Chief Justice of the Orissa High Court must also consult with their two most senior associate judges when suggesting a candidate for a High Court appointment.

Jurisdiction

Original Jurisdiction:

• The High Court can exercise its original jurisdiction under Orissa High Court Orders, 1948. 
• The Orissa High Court can be the court of first instance for hearing the cases under its original jurisdiction. 
• The writ jurisdiction under Article 226 of the Constitution of India, 1950 over Fundamental Rights and for any other purpose are a part of the original jurisdiction of the High Court. 
• The Single Judge Bench or Division Bench can hear the cases under Article 226 of the Constitution of India, 1950. 

Appellate Jurisdiction 

• The High Court can rehear the appeals preferred against the decisions of subordinate courts. 
• It has both civil and criminal appellate jurisdiction. 
• It can overrule or uphold the judgment passed by subordinate courts falling under its jurisdiction. 

Supervisory Jurisdiction 

• Under Article 227 of the Constitution of India, 1950 the High Court has superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction. 
  • It is an overriding jurisdiction which can also be exercised upon final judgments of the subordinate courts and tribunals. 
• The High Court cannot exercise this jurisdiction over the tribunal concerning armed forces.