Table of contents:

Topic: Page no:

1. A Brief History of Odisha Government Administration 1 - 4

2. The Governor of Odisha 5 - 18

3. The Odisha Legislative Assembly 19- 37

4. Judiciary In Odisha 38-51

5. Odisha Under the President’s Rule 52-58

6. Odisha Administration at A Glance 59-83

7. The Opposition in Odisha Politics 84-90

8. Impact Of Regional Politics Odisha 91-99

9. Local Self Government in Odisha 100-127

10. Post-Script: Appendix 127…

 Brief History of Odisha Government
and Administration

The conquest of Odisha by the British took place in 1803. Odisha is the last
province which came under the British rule. In 1803, the Bhonslas of Nagpur ceded
Odisha to the East India Company. The then Odisha consisted of three coastal districts,
namely Cuttack, Balasore and Puri. In 1823 the above three districts were brought under
the "regulations" of the East India Company i.e., these were to be governed by the
administrative laws made by the Governor General-in-Council at Calcutta. The remaining
portions of Odisha were non-regulated areas and administered by tributary chiefs.

In 1912, Bihar and Odisha were separated from the Bengal Presidency. At that time
Lord Curzon, the then Viceroy of India, remarked. "If the Oriyas were agitating people
which they are not, they would soon make their protest heard. As it is, they have been
sacrificed without compunction." The irony of fact is that Odisha was last Indian territory
to go under the British rule.

Towards the close of the 19th century, the movement to make Odisha separate
province started. The Odishan leaders like Madhusudan Das, Gopabandhu Das and the
Maharaja of Parlakhemundi dedicated their lives to the cause of their people and
proceeded a long way in their movement for social reforms and political awakening. A
wave of nationalism also swept over Odisha. In 1903, the late Madhusudan Das and a
few other prominent Oriya leaders founded the Utkal Sammilani with a view to uniting all
the Oriya speaking areas lying under different provincial Governments into a single
administrative unit. In 1905, the transfer of Sambalpur from the Central Provinces to the
Odisha Division of the province of Bengal gave a new hope to the Oriyas. The hope was
further strengthened by the creation of the province of Bihar and Odisha in 1912. Although
the status of Odisha was markedly improved by the creation of the province of Bihar and
Odisha, yet it by no means satisfied the Odishan leaders. As a result of the demand of
their leaders, the Montagu Chelmsford Report on the Constitutional Reforms, displayed
some measure of sympathy to the Oriyas' desire for a separate province. The Bihar and
Odisha Legislative Assembly afterwards passed a resolution recommending the
amalgamation of Oriya-speaking tracts. The Govt. of India appointed the Philip-Duff
Committee to make a detailed enquiry on the spot in order to ascertain the attitude of
Oriya-speaking people of the Madras Presidency on the question of their amalgamation
with Odisha. The Committee said "there was a genuine, long-standing an deep-seated
desire on the part of the educated Oriya classes of the Oriya-speaking tracts for

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amalgamation of these tracts with Odisha under its administration". The Report of the
Philip-Duff Committee formed the basis of the case submitted to the Simon Commission
in 1927 in a memorandum prepared on behalf of the Government of India and accepted
by the Government of Bihar and Odisha. As a result of this, Sir John Simon accepted the
demand of the Oriya leaders for a separate province and suggested a "boundaries
Commission" for a readjustment of boundaries. The issue was raised before the Round
Table Conference where the Maharaja of Paralakhimendi strongly presented the Oryas'
demand for a separate province for Odisha on the basis of common language and race.
It was admitted that "a separate Province of Odisha would perhaps be the most
homogeneous province in the whole of British India both racially and linguistically, the
communal difficulty is practically non-existent and its claim appears to have the and
sympathy of all parties in India. On the 18th September 1931, the Government of India
appointed the O' Dennell Committee to examine the proposal for a separate province of
Odisha and recommend its boundaries in the event of the creation of a separate province
of Odisha. The Committee recommended the creation of a separate province of Odisha
consisting of the following areas the then existing Odisha Division, Angul, a non-
regulation district, the Khariar Zamindari of the Central Provinces and the greater part of
the Ganjam district and the Vizagpatam Agency tracts of the Madras Presidency.

The Government of India (Constitution of Odisha) order 1936 created a new polity
of Odisha. The new province was carved out of the provinces of Bihar and Odisha, Madras
and Madhya Pradesh, consisting of six districts, viz.- Cuttack, Puri, Balasore, Sambalpur,
Ganjam and Koraput. The neighboring Garjats or the Princely States remained
independent. Large number of predominantly inhabited Oriya speaking people were
completely excluded from new province. The exclusion of the feudatory states hurt the
sentiments of the rulers of Odisha. And soon in 1937 the 'Prajamandal Andolan' an
agitation of the subjects of the princely states raised its head People in the 'Garjats'
demanded self-rule which had the backing of the Indian National Congress. But the
Prajamandal Movement was ruthlessly suppressed by the feudatory chiefs.

Meanwhile, on the 15th August, 1947, India achieved Independence and the
Government of Odisha renewed its effort to amalgamate with its territory all the Oriya-
speaking areas, and particularly the feudatory states which were not included within its
boundary. In November, 1947, the Government of India authorized the Odisha
Government to take over 'Nilagiri', a 'B' class state, where a chaotic situation had arisen
due to the Praja Mandal agitation and the ruthless suppression of the popular movement
by its ruler. In the words of Dr. H.K. Mahtab, the then Premier of Odisha, the take-over of
the "Nilgiri was really the beginning of integration of the states in Odisha and also in India
which ended with the taking over of Hyderabad".

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 Soon after the takeover of Nilagiri, Harekrushna Mahtab, the then Premier of
Odisha, demanded that "some machinery should be set up for the common
administration of certain subjects in both- the Odisha States and the province". Dr.
Mahtab pressed hard for a voluntary merger of Oriya speaking States with the province.

Sardar Patel and V.P. Menon visited Odisha on December 14, 1947 and met the
Odisha Rulers in Conference at Cuttack. Sardar Patel advised the Rulers to agree to a
voluntary merger with Odisha on the grounds that the safety of the rulers as well as their
people was in danger due to popular agitation, that the smallness of the size of their
States and meagre resources could hardly permit them to build stable government and
provide welfare activities requirement under, the Sanads (the charter of Princely power)
granted to the Rulers by the Government of India after the meeting of 1857. He cautioned
them that if his advice was not listened to, the rulers might be ousted by the people and
then the Government of India would be unable to protect them. He persuaded them to
merge with the neighboring State Provinces and handover their burden of woes and
worries to provincial Government and get in turn all privileges. He appealed to them with
honour and dignity, to join the national mainstream and instead of diving in a narrow well,
the ruler would be entitled to swim in an ocean. On Patel's advice the agreement of
merger was signed by the Rulers on December 14-15, 1947, and came into effect on 1st
January, 1948. Mayurbhanj which was the only exception to this agreement and it
ultimately signed the Instrument of Merger on October 17, 1948 and finally integrated
with Odisha on the 1st of January, 1949.

The integration of the princely States opened an epoch-making chapter in the

history of Odisha and the long cherished dream of political homogeneity and
amalgamation of Oriya speaking tracts was materialised. The States were reorganised
and government by the States meager (Governor's Provinces) Order 1949. The impact of
integration doubled the size, population and administrative units of Odisha. The area of
Odisha in 1949, after the merger, was 60,129 sq.m. compared to 32,198 sq. miles in 1936,
the population was 146,46,954 compared to $7,08, 544, it comprised 13 districts
compared to 6 districts in 1936. The effects of the merger were quite significant. Athgarh,
Tigiria, Baramba and Narasinghpur were brought under the Cuttack district. Nilagiri was
merged with the contiguous district of Balasore. Puri had got Ranpur, Nayagarh,
Khandapara and Dasapalla. Dhenkanal, Angul, Talcher, Pal-lahara, Athmallick and Hindoi
formed the district of Dhenaknal. The Kandhamalas and the Balliguda agency in Ganjam,
together with the State of Boudh constituted a new district called Boudh Phulbani.
Nayapara sub-division of Sambalpur was separated and joined with Kalahandi district.
Keonjhar and Mayurbhanj became two separate districts. Patna and Sonepur formed the
Bolangir district Gangpur and Bonai constituted new district of Sundargarh. Bamara and
Rairakhol merged with Sambalpur district.
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 The readjustment of territories, separation of records, preparation of budget for
1936-37, examination of laws in force in different parts which were to be included in the
new province, adjustment of services, recruitment of officers for the new province,
fixation of cadre and provision of accommodation for the new secretariat and
departmental offices were important problems which were to be settled just after the
inauguration of the new province.

References:

1. Odisha has a rich and glorious past. The ancient history of Odisha was glorious and
replete with name and fame of the Oriya race. It was the last province which came under
the British Rule in 1803. Vide- W.W. Hunter, Andrew Sterling and John Beams - A History
of Odisha; H. K. Mahtab- History of Odisha, Vol. 1 & II; K. C. Panigrahi- History of Odisha
and M. N. Das (ed.) - Sidelights on History and Culture of Odisha.

2. For a short sketch of the Political History of Odisha and the movement led by the Utkal
Union Conference from 1903 to 1936, sec Odisha Review (Government of Odisha,
Bhubaneswar), Silver Jubilee Special Issue, April, 1961 and Odisha Review, August, 1989,
The Special Issue on the Freedom Movement in Odisha.

3. H. K. Mahtab was one of the prominent leaders of the Praja Mandal Andolan. See his
book History of Odisha, Vol. II, PP. 479-489. Rai Sahib Jadu Nath Mohapatra, Odisha in
1936-37 to 1938-39, P. 3. 4.

5. K. M. Patra, Odisha Legislature and Freedom Struggle, PP. 120 to 140 and F. G. Bailey,
Politics and Social Change in Odisha in 1959 - PP. 20 to 31. 6. B. C. Rout, An Analytical
Study of the Odisha Legislative Assembly, an unpublished dissertation submitted to Utkal
University in 1966 for the Degree of Diploma in Social Science and Methodology, 1966.

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 Governor of The Odisha

Odisha became a separate province from 1st April. 1936 and since then the state
has had 20 full-time Governors till 1993. Of them all only 3 had served the British
Government whereas the rest were to serve independent India. During the period after
independence only ten had the honour of serving the Central Government led by Pandit
Jawaharlal Nehru. Leaving apart only two, P.S. Kumarswami Raja and Joginder Singh all
most all the Governors had excelled in various fields and most of them were extra-
ordinarily eminent in their respective fields. Raja and Singh had no College education but
they were involved in various kinds of public life before being appointed as the Governors.

The office of the Governor in India is not the original creation of the Constituent
Assembly but it dates back to the establishment of the East India Company. The
provisions for the office of the Governor was initially made in the Charter which was
granted by the Queen of England on the 31st December, 1600 in order to enable the East
India Company to conduct trade in India. The importance of the office grew gradually
along with the passage of time.

The office of Governors for the Indian Provinces were created just after the end of
the first war of Indian Independence in 1858 under the Government of India Act which
enabled the British Government to assume direct control over the Indian affairs. Only after
three years of this, the British Government passed the Indian Council Act in 1861 by virtue
of which the Governors assumed somewhat more effective powers than their previous
counterparts. Some more important changes were also made in the subsequent Act of
1871 but as these Acts could not fulfil the aspirations of the people of India, the British
Government enacted the Indian Council Act of 1892 which enlarged the purview of the
jurisdictions of the Governors along with more powers for the local Legislatures.
However, not until the enactment of the Indian Council Act of 1909, the Governors could
become really powerful.

In the meantime, as a result of the policy of "divide and rule" adopted by the British
Government, the political scenario in India saw a distinct division of the nationalists in
the shape of Indian National Congress and the Muslim League. But in 1916 both these
organisations jointly proposed for more autonomy for the native state Legislatures which
prompted the British Government to appoint E.S. Montague and Lord Chelmsford to
formulate proposals for the same purpose. Basing on the recommendations made by
Montague and Lord Chelmsford, the British Parliament passed the Government of India
Act 1919 which established limited autonomy for the provinces. Through a new device of

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"Dyarchy", the foundation of a responsible government was established. But neither this
was a complete success nor was it intended to be. Because the discretionary powers in
the hands of the Governor brought him to a dictatorial position in the province. The
Governor was the central actor in the working of semi- representative provincial
government.

India formally had a federal structure under the provisions of the Indian
Independence Act, 1935, after which they got the status of constitutional heads in their
respective provinces. Though constitutionally the Governor was to exercise the executive
powers of the province on the aid and advice of the Council of Ministers, in actuality most
of the powers were at the mercy, discretion and individual judgement of the Governor. Sir
Chimanlal Setelvad rightly remarked that "the provincial autonomy under the Act of 1935
buried in a pile of reservations, safeguards and discretions." But India was still under the
complete control of the British government. Though the Act was intended to encourage
the working of responsible government, there was no legal restrictions on the powers of
the Governors.

This system with a lot of discretionary powers for the Governors continued until
the differences between the Congress Party and the British Government came to a stage
of confrontation over the war issues which led to the resignation of ministries in all
Congress dominated provinces. This action of the Congress virtually saw the death of
Provincial Autonomy and this kind of a situation continued to remain in most parts of the
country until the end of war. The Congress Party decided to resume office in various
Provinces in 1946.

A new era emerged in the Indian Political system along with the passing of the
Indian Independence Act, 1947 which paved the way for Indian independence. Soon after
Indian independence on 15th August, 1947 new Governors were appointed for most of
the provinces. But these Governors were completely different from their carlier
counterparts in the sense that they were to function as figure heads in a completely new
set up.

As stated earlier, Odisha got a province status only on the 1st April, 1936 and the
same day Sir John Austin Hubback assumed the office of the Governor of Odisha. Sir
Hubback was an I.C.S. officer and was also an eminent administrator. According to the
provisions of the Act of 1935, the Governor of a province was to exercise the executive
authority on the aid and advice of a Council of Ministers. Sir John Austin Hubback
remained as the Govenor of Odisha until 31st March, 1941 except for a brief period
(11.8.1938 to 7.12.1938) during which he was on leave and the acting Governor during
the period was G.S. Boag.

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 In 1939 the High Command of the Congress Party decided to ask the Congress
Government in most of the Provinces to resign as a mark of protest against the unilateral
decision of the British Government over India's participation in the Second World War. As
a result, the second Prime Minister of Odisha (then they were known as Prime Ministers)
Biswanath Das tendered resignation of his ministry on 6.11.1939 and Odisha came under
Governor's rule for the first time. In the meantime Sir John Austin Hubback, after
completing his full term of office, retired on the 31st March, 1941 and another Englishman
Sir William Howthrone Lewis joined as the Second regular Governor on April 1st, 1941.

The Governor's rule continued to remain until Krushna Chandra Gajapati headed
another non-Congress Cabinet on 24.11.1941. But this cabinet was not to last long. On
the 30th June, 1944 it collapsed as a result of difference of opinion among its members.
Consequently Odisha again under Governor's rule on 30.6.1944. This Governor's rule in
Odisha continued until 19th September. 1945 and the elections for the Second Assembly
was held in between 4th April to 9th April, 1946. The Congress Party, by securing 47 seats
out of 60, decided to form Ministry and Dr. Harckrushna Mahatab was elected as its
leader and became the Prime Minister on 23.4.1946.

Dr. Mahatab continued as Prime Minister till 12th May, 1950 after which he joined
the Central Cabinet and Nabakrushna Chowdhury became the Chief Minister of Odisha
on 12th May itself. In the meantime, Sir Lewis, after completing his full tenure,
relinquished office on March 31, 1946 and in his place Chandulal Madhavia Trivedi, a
native Indian, an eminent administrator and a member of Indian Civil Service was
appointed as the Governor on April 1, 1946 and continued as such till India achieved
Independence.

From the 15th August, 1947 India became an independent nation and then Odisha
got another illustrious son of the country as the next Governor. He was Dr. Kailash Nath
Katju, who was not only a prominent freedom fighter but also a member of the
Constituent Assembly of India. Dr. Katju had a brief tenure of less than one year and on
June 20, 1948 he left office to join other important assignments. The next day Asaf Alli
assumed office of the Governor of Odisha. Asaf Ali was a lawyer by profession and an
active member of the Congress Panty who was also the first Indian Ambassador to the
U.S.A. from 1946 to 1948. Asaf Ali remained in office for about four years except a brief
period of leave from May 6, 1951 to July 17, 1951 during which V.P. Menon was the acting
Governor. Asaf Ali was the Governor when the first General Election on the basis of
universal adult franchise was held from 20th December, 1951 to 24th January, 1952. The
Congress Party with 67 seats out of 140 emerged as the majority Party and the then Chief
Minister Nabakrushna Chowdhury became its leader and continued as such till 19th
October, 1956.

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 Asaf Ali relinquished office on 6th June, 1952 and the day following Sayed Fazal
Ali was sworn in as the 6th regular Governor of Odisha. Syed Fazal Ali was not only an
eminent lawyer but he had a remarkable career as a Judge in the Supreme Court of India
from 1946 to 1951. After his quitting office on the 9th February, 1954, another frontline
Congressman from the State of Madras, P. Kumarswamy Raja, who had served his state
as the Chief Minister from 1949 to 1954 was appointed as the next Governor on February
10, 1954. Both Ali and Raja had nice time in Odisha as they did not have to face any
problematic situations during their stay. Raja stayed in Odisha as Governor for a period
of 2 years and 7 months and he left office on the eleventh of September, 1956.

The next Governor Bhimsen Sachar, who joined on September 12, 1956, was a
freedom fighter who had been jailed several times during the period of struggle for
independence. Before assuming office of Governor of Odisha, he had served the state of
Punjab as its Chief Minister from 1952 to 1956 The General Election for the Second
Assembly was held during the governorship of Sachar, from 24th February 1957 to the
12th March, 1957. But none of the contesting political parties were able to secure
absolute majority in the Legislative Assembly. In spite of all efforts, the non-Congress
Parties were not successful in forming a coalition government in the State and the
Congress, under the leadership of Dr. Harekrushna Mahatab, managed to secure the
support of the Jharkhand Party, Communist Parties and some independents and formed
Government on 19.10.1956. It was then alleged that Governor Sachar had connived with
Dr. Mahatab and manipulated things in a way that enabled Dr. Mahatab to form the
Government. Dr. Mahatab was sworn in on 19.10.1956.

In the meantime Bhimsen Sachar relinquished office and later joined as Governor
of Andhra Pradesh. In his place another I.C.S. officer Y.N. Sukhtankar, who had
successfully, functioned as Cabinet Secretary and Secretary, Planning Commission of
India, assumed office on 31.7.1957. The Mahatab Ministry which was virtually a minority
Government proved shaky as a result of which Dr. Mahatab resigned on May 9, 1958. But
Sukhtankar kept the letter of resignation under consideration for about a fortnight during
which he personally met the Prime Minister Jawaharlal Nehru for his advice. Although the
leader of the opposition claimed that he was in a position to form a Government with the
support of the non-Congress parties, Governor Sukhtankar ignored it and finally on the
24th of May, 1958 Dr. Mahatab was asked to withdraw his letter of resignation.

This action of Sukhtankar was criticised by many and it was believed that he was
not neutral in taking such a decision. Of many reasons, one was that, he, as the Cabinet
Secretary at the Centre, was very closely associated with Pandit Nehru and while Mahatab
was a central Minister for Commence and Industry in 1950-52, Sukhtankar was Secretary
in the same department. However, this ministry again proved to be shaky and the

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Congress-Ganatantra Parishad formed a coalition on 22nd May 1959. Mahatab again
became the Chief Minister. The tenure of this ministry was also short and within just 21,
months it collapsed as a result of internal conflict among the Congressmen. Dr. Mahatab
resigned on 25th February, 1961 and Odisha came under President's rule for the first time.

Again, this decision of Governor Sukhtankar was not beyond suspicion. The
dissident Congressmen under the leadership of Biju Patnaik got the upper hand in this
situation as Patnaik then was considered as a confidant of Prime Minister Nehru. It is
believed that Sukhtankar had actually submitted to the desire of Patnaik and came to his
aid.

The President's rule so promulgated continued till 23rd June, 1961 and the mid-
term election for the third assembly was held from the 2nd June to the 8th June, 1961.
The result of the election went in favor of the Congress Party and the Party under the
leadership of Patnaik captured 82 seats in a house of 140 members. Biju Patnaik became
the 3rd Chief Minister of Odisha on 23rd June, 1961.

Governor Sukhtnkar, after completing his tenure, relinquished office on the 15th
September, 1962 and the next day Dr. Ayodhya Nath Khosla joined office as the eleventh
regular Governor of Odisha. Dr. Khosla was an engineer by profession and had a
distinguished career as a special Secretary to the Government of India in the Department
of Irrigation and Power and he was also the Chairman of the Central Water and Power
Commission. From 1954 to 1959 he was the vice Chancellor of Roorkee University.

Like Governor Sukhtankar, Dr. Khosla had no party affiliation and therefore he was
expected to be more impartial in dealing with political matters in the State. During his
tenure of a little more than five years i.e., from September 16, 1962 to January 30, 1968
except a brief period of leave of absence from 5th August, 1966 to 11th September, 1966
(During this period Honourable Khaleel Ahmed, Chief Justice of Odisha High Court, was
the acting Governor) Governor Khosla had to deal with many delicate situations in the
state. In five years, the State had four Chief Ministers, two of whom had to face inquiry
Commissions for charges of corruption and misuse of Power for personal gains. Biju
Patnaik resigned on 2nd October, 1963 under "Kamraj Plan" which was believed to be a
diplomatic move by the Central Government to dislodge him from power. The same day
another close associate of Patnaik and the then Deputy Chief Minister Biren Mitra
assumed the office of Chief Minister. Biren Mitra was found no exception as he was also
charged with corruption and following the CBI inquiry report against him, he was asked
by the Congress Party High Command to resign. Accordingly, Biren Mitra resigned on
21st February, 1965 and subsequently another non-controversial Congressman Sadasiva
Tripathy was sworn in as Chief Minister. Tripathy continued in office for the remainder of

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the term of the Assembly and on the 21st February, 1967 elections to the fourth Assembly
was held.

Just before the election Dr. Mahatab left the Congress and formed a new regional
political party called Jana Congress. But Jana Congress fared miserably in the Assembly
election by securing just 26 seats The result of the election was not clearly in favor of any
of the Political Parties because Congress Party, though came out as the largest single
majority Party, was far from securing absolute majority. Hence Swatantra Party and the
newly formed Jana Congress formed a coalition ministry under the Chief Ministership of
Rajendra Narayan Singh Deo.

On the 30th January, 1968 Dr. Khosla relinquished office after completing his full
term and in his place Dr. Shaukathlah Saah Ansari assumed office on the 31st January,
1968. Dr. Ansari was a physician by profession who had his M.D. in Paris but during the
struggle for Independence he had actively participated as a member of Congress Party.
Before joining the gubernatorial office he was a member of Lok Sabha from 1951 to 57
and from 1960 to 65. He was also the Indian Ambassador to Sudan.

The period following the assumption of office by Dr. Ansari was marked by a lot of
grouping and regrouping in the political arena of Odisha. Congress Party in Odisha was
split in to various groups and ultimately when the Lok Sabha was dissolved during the
last part of 1970 one of the coalition partners Jana Congress decided to go for fresh
elections in the State simultaneously with the Lok Sabha elections scheduled to be held
in February, 1971.

In the first week of January the Jana Congress Ministry resigned and the coalition
Ministry came to an end. President's Rule was proclaimed on the 11th of January, 1971
and the State Legislature was suspended and finally the Assembly was dissolved on 23rd
January, 1971. This proclamation of Emergency was revoked on 3, April, 1971 after the
mid-term election to the Fifth Assembly was held on the 5th March, 1971. Yet again the
outcome of this mid- term election was not decisive and none of the contesting Political
Parties were able to secure absolute Majority to form a Government. The Swatantra Party
secured 36 seats and the newly formed Utkal Congress got 33. After a lot of Political
maneuvering both the parties decided to form a coalition on 3rd April, 1971 under the
Chief Ministership of Biswanath Das.

While Biswanath Das was continuing in office Dr. S.S. Ansari vacated the post of
Governor on September 19, 1971 and on the 20th Sardar Joginder Singh assumed office.
Singh was the Second Governor of Odisha who had no formal college education. But
during his long career of public life as a congressman not only he had actively
participated in the freedom struggle but was also jailed several times. Before coming to

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Odisha as 'Governor Singh was a member of Lok Sabha from 1952 to 1962, and of Rajya
Sabha from 1964 to 1971. Sardar Joginder Singh had a very short stay in Odisha during
which another ministry fell.

The coalition Government of Biswanath Das could not last long because of a lot
of internal conflicts among coalition partners as well as among the Utkal Congress
Legislators. No sooner the Ministry completed one year in office a considerable chunk of
Utkal Congress party legislators led by Sri Nilamani Routray defected to the Congress
Panty which resulted in the fall of Biswanath Das Ministry. The fall of the ministry was
immediately followed by the installation of another Ministry under the Chief Ministership
of Mrs. Nandini Satpathy on 14.6.1972. Even though Nilamani Routray was
accommodated in the Cabinet the fate of Satpathy Government was sealed as a result of
the defection of Routray back to Utkal Congress.

Just preceding the downfall of Satpathy Ministry Sardar Joginder Singh was
shifted to Rajasthan as its Governor on June 30, 1972 and the then Chief Justice of
Odisha High Court Gatikrushna Mishra was sworn in as the acting Governor of Odisha on
July 1, 1972. Mishra continued as acting Governor till November 7, 1972 when the Lt.
Governor of the Union Territory of Pondicherry Bassappa Danappa Jatti was appointed
as the next Governor of Odisha. B.D. Jatti was the Chief Minister of Mysore from 1958 -
62 and was a freedom fighter who was jailed several times for participating in the national
freedom Movement. He assumed office in Odisha on the 8th November, 1972.

As a consequence of Nilamani Routray's defection back to Utkal Congress the

Satpathy Ministry collapsed on March 3, 1973 and all attempts to form a non-congress
alliance as an alternative were allegedly foiled by B.D. Jatti as he was extremely close to
the Congress Party. Under such circumstances Governor Jatti recommended President's
Rule and it was promulgated on the same day, i.e., March 3, 1973. This Emergency was
the longest in history of Odisha i.e., 368 days ending March 6, 1974.

Soon after the fall of the Satpathy Ministry Biju Patnaik, who was the leader of the
newly formed Pragati Party, claimed majority in the Assembly and urged the Governor to
be invited to form the Government. But Governor Jatti was not prepared to accept
Pattnaik's claim as he was doubtful about the stability of such a ministry in the State. This
action of Jatti was indirectly criticised by the Odisha High Court which observed that the
Governor did not honour the conventions of parliamentary governments.

During this period of emergency Jatti is said to have played a partisan role by
becoming favorable to the Congress Party in every decision he took. Subsequently he
was elevated to the post of Vice- President of India.

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 The Sixth Assembly of Odisha was constituted after the elections were held in
February, 1974. Congress was returned to power by securing 71 seats in a house of 147
and Mrs. Nandini Satpathy again became the Chief Minister on March 6, 1974. Just after
five months of this B.D. Jatti relinquished office as he was elected Vice-President of India
and Honourable Gati Krushna Mishra remained as the acting Governor. On the 25th
October 1974 Akabar Ali Khan was appointed as the Governor of Odisha. Khan was an
elderly man having strong affiliations with the Congress Party and before joining Odisha
he had the experience as a member of Rajya Sabha (1954-56) and as Governor of Uttar
Pradesh (1972-74). Governor Khan was a Law graduate from London and had contributed
his mite during the Indian struggle for independence.

Akbar Ali Khan was one of the few Governors who had comparatively a trouble free
stay in Odisha. During his stay of about eighteen months not only the Congress Party was
soundly lodged in power in New Delhi but also there was no problem in Bhubaneswar
Srimati Nandini Satpathy was firmly in control of the situation with the support of C.PL
and the National Emergency made her position still stronger. With Mrs. Indira Gandhi
wielding tremendous authority at the centre and Satpathy being a close associate of
Indira Gandhi, the position of Governor Khan was reduced to a mere spectator. His remark
on certain issues then was critical. However, this situation did not last long as Governor
Khan relinquished office on April 17, 1976 and Chief Justice Shivanarayan Sankar took
charge as acting Governor

During the period of Justice Sankar, a very important development took place in
Odisha Politics. Under the leadership of a senior Cabinet Minister. Binayak Acharya, a
group of Congress legislators revolted against Satpathy. It was believed that this group
was having the support of Sanjay Gandhi, who was actually pulling the strings from Delhi.
Governor Sankar, it was reported, served an ultimatum to Mrs. Satpathy either to resign
or face dismissal by the 16th of December, 1976 and Mrs. Satpathy chose to resign. The
State, for the fourth time, came under President's rule on December 16, 1976, but the
Legislative Assembly was not dissolved. It was believed that at the instance of Sanjay
Gandhi the Assembly was kept in animated suspension in order to enable the Party to
find out a new Chief Minister. On the 29th December, 1976 the rebel leader Binayak
Acharya was sworn in as Chief Minister. Thus, the state was under a brief spell of
Emergency for 13 days.

In the meantime, another Congressman from Punjab Harcharan Singh Brar was
appointed the Governor of Odisha on February 7, 1977. Brar was a graduate from Aichion
College, Lahore and had achieved distinction as a remarkable sportsman in the college
days. During his long public life, he had served the State of Punjab in various capacities
and was elected as M.L.A. in 1957, 1962 and 1967. During 1962-65 he was a minister of

Page | 12
state for irrigation and power in the Punjab Government. Though Brar had a brief stay of
a little more than 7 months in Odisha the period was undoubtedly eventful. Because
during his period the Lok Sabha elections were held and the Congress Party was
conclusively defeated at the national level. The newly elected Janata Party not only
assumed power at the centre but also it decided to seek fresh mandate from the people
of 9 states including Odisha.

Consequently the Acharya Ministry was dismissed by a Presidential proclamation

on April 30, 1977 and Odisha was placed under President's rule for the fifth time.
Subsequently elections to the Seventh Assembly were held on June 10, 1977 and the
Janata Party was elected to power with overwhelming majority of 110 seats. Nilamani
Routray was sworn in as Chief Minister on June 26, 1977 and along with this new phase
the Governor's office also got a new face on September 23, 1977. Bhagabat Dayal Sharma
was sworn in as the next Governor of Odisha. Sharma was a Congressman initially but in
this new wave was ushered into the Janata Party. He was a Post Graduate from the
Banaras Hindu University and by profession a trade union activist. During his political life,
he had become the Chief Minister of Haryana from 1966-67 and was a member of Rajya
Sabha from 1968-74.

Sharma's tenure in Odisha was not eventful as the Janata Party was strongly
anchored both at the centre and the State. This state of affairs was solely responsible for
Sharma to act passively during his stay and there was no need for him to be over
enthusiastic. The Union Government at the centre could not last the full term because of
defections, splits and various other intra-party conflicts. The Lok Sabha was dissolved
and elections were held at the national level during the first half of 1980 and the Congress
was again voted back to power under the leadership of Mrs. Indira Gandhi. Soon after
assuming office the Congress Party decided to seek fresh mandate in Odisha and State
Emergency was promulgated for the sixth time on February 17, 1980. This Emergency
continued for about four months during which Governor Sharma relinquished office on
29th April, 1980 and the next day C.M. Poonacha assumed office.

C.M. Poonacha was a Congressman through out and was imprisoned at least four
times during the national movement. He was a member of the Constituent Assembly and
Provisional Parliament from 1947 to 1951. Besides becoming the Chief Minister of Coorg,
he was also a minister in the newly formed state of Mysore. From 1966 to 69 he had
served the Central Government as Minister in the Departments of Finance, Transport,
Aviation, Shipping, Tourism, Railway and Steel. He took over as Governor of Madhya
Pradesh in 1978 and finally joined in Odisha on April 30, 1980. Governor Poonacha had
stayed in Odisha for a little more than 39 months during which he was on leave of absence
twice. During the first period from 1.10.80 to 3.11.80 Justice S.K. Ray was the acting

Page | 13
Governor and Justice Rangnath Mishra was in charge during the second period from
15.6.82 to 31.8.82.

The Sixth Emergency came to an end on 8th June, 1980 soon after the elections
for the eighth Assembly were held on the May 31, 1980. The result of the elections were
a complete reversal of the Seventh Assembly. As a result of the split in Janata Party the
people were completely disenchanted and their mandate was overwhelmingly in favor of
the Congress (1) Party. Out of 147 seats the Congress (1) won 117 seats and Janaki
Ballav Pattanaik was elected leader of the Congress (I) and became Chief Minister on
June 9, 1980.

The Congress (1) Party under the leadership of J.B. Pattnaik remained in power
for the longest period in Odisha i.e., for about 9 and half years. During the early part of
J.B. Pattnaik's Chief Ministership, Governor C.M. Poonacha relinquished office and
another Congressman from Uttar Pradesh Biswambar Nath Pande joined as the next
Governor on 17.8.1983. Pande was a nationalist and during the struggle for independence
went to prison eight times and had spent at least ten years in prison.

B.N. Pande was educated in Madras and Viswa Bharati. Santiniketan and was very
closely associated with the Congress since 1920. During his long political career, he was
associated with various organisations, trade unions and simultaneously he was also
involved in various literary activities. He had more than 20 publications and with this
background he was nominated to the Rajya Sabha in 1976 and was again elected to Rajya
Sabha in 1982. Pande was the recipient of "Padmashri" in 1976.

Governor Pande had a tension free stay in Odisha as the Congress Party with
overwhelming majority and under the able leadership of J.B. Pattnaik was having a
smooth sailing. During his stay Odisha went to polls for electing the Ninth Assembly on
the 5th March, 1985. The result of this election was a repetition of the previous Assembly
election. Congress (1) secured 117 seats out of 145 for which elections were held. J.B.
Pattnaik was again elected as the leader of the Congress Legislature Party and was
sworn in as Chief Minister on 10th March, 1985.

Pattnaik and Governor Pande were in best of terms during the entire period. Both
were not only adhered to the principles of Congress Party but were not also prepared to
create any situation which would put them in to embarrassment. With this sort of an
understanding and cooperation Governor Pande completed his tenure and even
overstayed for a couple of months more until he relinquished office on March 3, 1989. As
a new Governor was not appointed to take Pande's place Sayed Nurul Hasan, Governor
of West Bengal, was given the additional charge of Odisha along with his original
assignment and was sworn in on the same day.

Page | 14
 On the 7th December, 1989 J.B. Pattnaik resigned due to internal conflicts among
the Congressmen and Hemananda Biswal became Chief Minister on the same day. In the
mean time a change came at the centre as result of Lok Sabha election and the Janata
Dal came to power there. Here in Odisha, normal time for elections for the tenth Assembly
approached and just before the elections a new Governor was appointed for Odisha. He
was Yagya Dutt Sharma.

Sharma was an Ayurvedic physician by profession, although he was actively

involved in various social activities throughout his life. He was born in Punjab and from
very early days he was an activist of the Bharatiya Janasangh. He was elected to the Lok
Sabha in 1967 and 1977 and had served as chairman and Member of various
Parliamentary Committees during that period. In 1980, he became the General Secretary
of the Bharatiya Janata Party and finally took over as the Governor of Odisha on 7th
February, 1990.

Soon after Sharma became Governor, Odisha went to polls on the 27th February,
1990 to elect the 10th Assembly. The Congress Party lost heavily and the Janata Dal,
under the leadership of Biju Pattnaik secured a record number of 123 seats. Biju Pattnaik
became the Chief Minister on March 5, 1990.

It would be of utmost importance to mention here that the Janata Dal at Centre
was involved in an electoral alliance with the B.J.P. during the Parliamentary elections
and with its support formed Government. But due to various setbacks, the BJP withdrew
support from the minority Janata Dal Government as a result of which the V.P. Singh
ministry collapsed Both these political parties not only severed political relationship but
also turned out to be enemies hitting at each other. Its influence could be felt in most part
of the country except perhaps Odisha. Because the Odisha Chief Minister, had a good
understanding with Governor Sharma and continued to do so in spite of the developments
in New Delhi.

In the meantime, Parliamentary elections were held soon after the S.J.P. leader
Chandrasekhar resigned as Prime Minister and the Congress returned to power in 1991.
In response to such developments Y.D. Sharma offered to resign but was retained by the
P.V. Narashimha Rao Government. However, this attitude of the Centre did not last long
and on the 31st January, 1993 Sharma finally relinquished office and again the West
Bengal Governor Dr. Nurul Hasan was appointed as Governor of Odisha on the same day.
He continued to hold both the posts.

Dr. Sayed Nurul Hasan was an eminent historian who started his career as a
teacher in history in Lucknow University in 1942. Since then, he had never looked back
and during an active life of fifty years. he served the nation as the Minister for Education

Page | 15
and Cultural Affairs at the Centre from 1972-77 and from 1983-86 as Indian Ambassador
to the formerly U.S.S.R. Finally, Dr. Hasan was appointed as Governor of West Bengal in
August, 1986 and he continued there until his death except a brief period of less than a
year.

Dr. Nurul Hasan continued as Governor for about five months until B. Satyanarayan
Reddy joined as Governor on 1.6.1993. Reddy was born in Mehboob Nagar District of
Andhra Pradesh on August 21, 1926 and since boyhood was actively involved in the Quit-
India Movement. During his long political life, he was imprisoned many times for raising
voice against all kinds of injustice, Reddy was a lawyer by profession and had become
member of Rajya Sabha for two terms since 1978. Before being appointed as Governor
of Odisha, he was also the Governor of Uttar Pradesh for three years. Governor Reddy
came to Odisha at a time when the situation of the State was rather calm. Chief Minister
Biju Pattnaik not only had complete control over the Party in the State but also had been
able to establish cordial relationship with the Narashimha Rao Government. There were
few occasions for Reddy to show his real ability in the state, though his popularity as
Governor of Uttar Pradesh was well-known.

B. Satyanarayan Reddy relinquished the gubernatorial office of Odisha and Gopala

Ramanujam assumed the office on 18.6.1995. Sri Ramanujam was born on May 28, 1915
at Edircottal, Ramanathapuram district in Tamilnadu. He had the privilege of gracing
Odisha as its new Governor since June 18, 1995 on his transfer from the office of
Governorship of Goa. Ramanujam was a versatile genius. For his outstanding
contribution to industrial peace, he was honoured with Dr. Sir Jehangir Gandhi Medal in
1974. The national honour and credential of Padmabhusan was conferred on him by the
President of India in 1985. As an eminent writer of industrial relations and management,
he displayed his flair and deep insight in all his published works. Industrial Relations- A
point of View, From the Babul Tree-A story of Indian Labour, The Third Party, The Honey
Bee, A New Culture in Industrial Relations, Indian Labour Movement, Management- The
Ringside View are some of the notable titles authored by him in English. Ramanujam had
attended a number of international conferences abroad. As an eminent trade unionist and
public leader, Ramanujam was on the Board of Directors of a number of public
undertakings and accepted honourable assignments in many other bodies. A genius of
distinctive merit, profound vision, great wisdom and long experience, Ramanujam had
been closely associated with various public undertakings over almost half a century since
the Independence.

Governor Ramanujam continued in office till December 13, 1997 except a brief
period during which he was on leave. From January 31, 1997 to February 12, 1997 K.V.
Raghunath Reddy, Governor of West Bengal was in charge during the leave period of

Page | 16
Ramanujam and finally on December 13, 1997 Ramanujam relinquished office and K.V.
Raghunath Reddy was given the additional charge on the same day. Reddy remained in
charge till April 27,1998. When Dr. C. Rangarajan, Governor, Andhra Pradesh was
appointed as Governor of Odisha. Dr. Rangarajan stayed in office up to November 14,
1999 and M.M. Rajendran a new Governor for Odisha was appointed on November 15,
1999. M.M. Rajendran, the new Governor was a retired Civil Servant from Tamil Nadu.
Who had occupied many key positions with distinction at the State, National and
International levels. In Tamil Nadu he was the Chief Secretary from 1988 to 1991 and
then was moved to Government of India as Secretary, Ministry of Parliamentary Affairs.
From 1981 to 1987 M.M. Rajendran was a Senior Advisor in UNICEF headquarters in
Neywork.

Odisha, as a Province since 1936, had the privilege of getting the services of some
of the best politicians as well as others who had proved their superiority in various other
fields. These Governors have left behind a legacy which is full of varieties. Some of them
had spent their time here, where as others had nightmarish experiences. Within the last
six decades, Odisha had experienced all conceivable situations described in the
dictionary of politics. These situations have been faced with courage and tenacity by
many of them. History of Governors of Odisha is actually the history of the Political affairs
of the State during the last sixty years. This would certainly provide a lot of food for a
sincere starving student of the gubernatorial office in India.

Conclusion:

Since the introduction of the present constitution, the Governors have been exercising
powers in the fields of legislative, executive, judicial and miscellaneous matters. They use
to exercise their discretionary powers particularly in the following matters-

(1) the appointment of the Chief Minister prior to the formation of the Council of
Ministers;

(II) dismissal of the Ministry.

(III) dissolution of the Legislative Assembly;

(IV) reserving a bill passed by the State Legislature for the assent of the President;

(V) advising the President for the proclamation of an emergency under Article 356 of the
Constitution.

Page | 17
 The real power and position of the Governor largely depends upon the political
situation that exists in the state. If there is political harmony in the State, then the burden
of the Governor is reduced. But in the situation of political crisis and political instability,
the role of Governor naturally becomes larger Hence far from being the fifth wheel in a
coach, the office of Governor is an exalted social institution and a constitutional
necessity. Like the President of India, he is a "safety valve" of the constitution and his
function is "to lubricate the machine of the Government and to see that its wheels are
going well by reason not of his interference but of friendly action."What former president
R. Venkataraman said regarding the presidential office in his memoirs may be applicable
to the gubernatorial office which "is like emergency light, it comes on automatically when
there is a crisis, and goes off automatically when the crisis passes."

References:

.C S. The Constitution of India A Comparative study, 1967.

(II) K.V.Rao Dash

(III) B.C. Rout Parliamentary Democracy of India, 1965. Democratic Constitution of India, 1986.

(IV) M.S. Dahiya Office of the Governor in India, 1979.

1) Debates, Documents and Bulletines published by the Odisha Legislative Assembly, Bhubaneswar, 1950-95.

Page | 18
 THE ODISHA LEGISLATIVE
ASSEMBLY:
An Analytical Study

Odisha became a separate state in 1936. No wonder, before 1936 there was no
Odisha Legislative Assembly. Between 1912 when Bihar and Odisha were carved out from
the province of Bengal and made a separate province and 1936, a few Oriyas were
members of the Bihar Assembly located at Patna. Since 1936 Odisha had a separate
Legislative Assembly. But the representation in it continued to be based upon limited
franchise till Independence. It was only in 1953 that members of the Odisha Legislative
Assembly were elected on the basis of Universal franchise. Since then it started evolving,
although its evolution has not been very significant. The present article is an account of
the origin and evolution of the Odisha Legislative Assembly.

Evolution of the Odisha Legislature

Before 1936 there was no Legislative Assembly in Odisha. The combined

Legislature of Bihar and Odisha had its sessions and sittings at Patna and Bihar was
dominating in every sphere. After becoming a separate province, Odisha was placed
under the rule of the Governor till the end of March, 1937. According to the Government
of India (Constitution of Odisha). Order, 1936, the total number of seats at the Odisha
Assembly was fixed af6 60 out of which 56 seats were to be filled up by election and 4
seats by nomination. The election before Independence was confined to limited suffrage.

Pre-Independent Assembly (1937-1945)

Elections to the First Odisha Legislative Assembly with provision of limited

franchise, were held during the period from 18th January 1937 to 23rd January, 1937.
The names of the elected members were published on 13th February 1937 in the Odisha
Gazette. After constitution, the members of the First Assembly took oath on 26th and
27th June, 1937. 28th July 1937 was a memorable day in the constitutional history of
Odisha as the first historic session of the First Assembly met on this day in the
Ravenshaw College Hall at Cuttack, and it was addressed by His Excellency Sir John
Austen Hubback, the first Governor of Odisha. Again on the same day Mukunda Prasad
Das and Nanda Kishore Das were unanimously elected as the Speaker and the Deputy

Page | 19
Speaker of the first Assembly respectively. This Assembly had total 10 sessions and it
was dissolved on the 19th September, 1945.

Link Assembly (1946 to 1952)

The province of Odisha was placed under rule from the 30th June, 1945 to the 23rd
April, 1946. During Governor's rule, election to the Odisha Assembly was held from 4th
April, 1946 to 9th April 1946. The total number of seats in the Assembly was 60, out of
which 56 seats were filled up by elected members. They took oath on 29th May, 1946 and
the Assembly was summoned to meet on the same day. In its first meeting held on 29th
May, 1946, Lalmohan Patnaik & A. Laxmibai were elected as the Speaker and the Deputy
Speaker respectively. On the 30th September, 1946 a memorable motion was moved in
the Assembly to shift the capital of Odisha from Cuttack to Bhubaneswar. As a temporary
step and on an experimental basis, the sitting of the Odisha Assembly for a short period
of three days, this is, on the 10th, 11th and 12th October, 1949, were held in the new
capital, Bhubaneswar

After the merger of 26 princely states with the province of Odisha the strength of
the Odisha Legislative was raised from 60 to 91. 31 members were nominated to the
Assembly from those princely states. These 31 members took oath as the members of
the Odisha Assembly on the 10th October, 1949. From 1937 to 1948 the Assembly
Secretariat was under the control of the Law Department of the government of Odisha. It
was transferred to the Home Department of the government of Odisha in the year 1948.
The assembly had a total of 14 sessions. Four sessions were held before Independence
and ten sessions after it. Finally, the Assembly was dissolved on 12th February, 1952.
This Assembly served as a link between Pre-Independence and post-Independence
periods. The status of the Assembly was changed after the Independence and it
continued to work efficiently under the new federal setup which was introduced by the
new Constitution of India in 1950. This "bridge" legislature marked the end of British
empire and heralded the dawn of a new epoch in Indian subcontinent.

Elections to the Odisha Legislative Assembly in Free India:

The First Assembly (1952-1957)

After the commencement of the new Constitution of the Indian Republic, the
strength of the Odisha Legislative Assembly was fixed at 140. The First General Election
to Odisha Legislative Assembly on the basis of the universal adult franchise was held

Page | 20
during the period from 25th October, 1951 to 21st February, 1952, and a great majority of
electors of Odisha got the chance to vote for the first time. In this Assembly election out
of 140 seats, 21 seats were reserved for the members of the Scheduled Castes and 28
seats for the members of the Scheduled Tribes. For the elections there were 107
constituencies, 74 being single-member and 33 double members.

The result of the First General Elections and the percentage of valid votes secured by the
political parties are given in Table 1.

Parties contested in election Seats obtained Percentage of valid votes

Congress 67 39

Praja socialist party 10 11

Communist 07 05

Ganatantra Parishad 31 20

Independents and other 25 25

Total 140 100

In this election the State Congress party had to face a united Gadjat front from the
ex-States rulers of Odisha who formed the Ganatantra Parishad. Though Congress
secured only 39% of total seats, it could manage to have a working majority in the
Assembly with the support of some independent members. Subsequently some
independent members joined the Congress party, thereby raising its strength to 74.

Under Article 188 of the Constitution, the Government fixed 4th and 5th March,
1952 for oath-taking of the newly elected members who took their oath on the above-
mentioned days and on 4th March, 1952, the first session of the First Assembly after the
Independence was held in the Sardar Patel Hall at New Capital, Bhubaneswar. The
election of the Speaker was held on 6th March 1952. Nanda Kishore Das was elected as
the Speaker. The election of the Deputy Speaker was held on 8th March, 1952 and Moilevi
Mohammed Haneef, was elected as the Deputy Speaker of the Assembly. Nabakrushna
Choudhury, as the leader of the majority party, became the Chief Minister and
Shradharkar Supakar of the Ganatantra Parishad was declared as the leader of the
opposition. The First Assembly had a total of 9 sessions spreading over 356 days. After

Page | 21
the completion of a full term of five years, the First Assembly was dissolved on 4th March,
1957.

The Second Assembly (1957-1961):

In the Delimitation of Constituencies (Odisha Delimitation of Constituencies Order)

1954, the state was divided into 102 constituencies, consisting of 38 double-member
constituencies and 64 single member constituencies to elect a total of 140 members to
the State Assembly. Out of these 140 seats, 25 seats were reserved for the members of
the Scheduled Castes and 28 seats for the members of the Scheduled Tribes. The Second
General Elections were held in Odisha from 24th February 1957 to 12th March 1957 for
all Assembly seats. The total number of seats and the percentage of votes secured by
different political parties are given in Table 2.5

Dr. H. K. Mahtab as the leader of the single largest party formed the ministry with
the tacit support of 9 Communists and 5 Jharkhand members. Rajendra Narayan Singh
Deo was declared as the Leader of the opposition. On 27th May 1957 Pandit Nilakanth
Das was elected as the Speaker of the Assembly. Jadumani Mangaraj was elected as the
Deputy Speaker of the Assembly on 29th May. 1957. The newly elected members of the
Second Assembly took their oath on 10th, 11th and 12th April, 1957.

Parties contested in the Seats Obtained Percentage of valid Votes

election

Congress 56 38

P.S.P 11 10

Communist 09 8

Ganatantra Parishad 51 20

Jharkhand 05 15

Independents 08 9

Total 140 100

The Governor summoned the Assembly to meet on 27th May. 1957 and addressed
the Assembly on the same day. The Congress- Ganatantra parishad Coalition

Page | 22
Government was formed on 22nd May. 1959 and the Coalition Ministry resigned on the
21st February, 1961. During the period, the political parties that formed the opposition
could not satisfy the conditions required to the recognized as parliamentary parties and
therefore there was no recognized leader of the opposition. The Assembly had a total of
7 sessions spreading over 254 days. The Assembly was dissolved on 25th February 1961
and Odisha was placed under President's rule for the first time from 25th February, 1961
to 23rd June 1961.

The Third Assembly (1961-1967)

The Third General Elections would have been held in the normal course in February,
1961. It was expected that in Odisha President's Rule might continue up to the Third
General Elections. But the decision to hold a midterm election in Odisha was announced
by the Union Home Minister in the Lok Sabha on 27th March, 1961. It was announced that
the elections would be held from 2nd June to 8th June 1961. The two-member
Constituencies Abolition Act, 1961,- came into force on 10th March 1961. Application of
this Act, in the midterm Elections of Odisha assumed special significance. The Chief
Election Commissioner after due consultation with political parties and public,
announced to conduct election under the single- member constituency. There were 140
single-member constituencies out of which 54 constituencies were reserved for the
Scheduled castes and Scheduled tribes, 26 seats were reserved for the members. of
Scheduled castes and 28 for the members of Scheduled tribes. The result of the Midterm
Election is given in

Table 3:

Parties contested in the election Seats Obtained Percentage of valid Votes

Congress 82 43.28

P.S.P 10 11.40

Communist 04 07.98

Ganatantra Parishad 37 22.34

Independent and others 07 15.00

Page | 23
 Total 140 100

A new building was constructed and completed on 12th February, 1961 for Odisha
Assembly. The estimated cost of the building was Rs. 25 lakhs with the plinth area of
47,000 sq. ft. The new building was inaugurated by the then Vice-President of India, Dr.
S. Radha Krishnan on 12th February, 1961. The Assembly was shifted from the Sardar
Patel Hall to the new building and the elected members took oath on 26th and 27th June,
1961 in the new Assembly Hall. The election of the Speaker was held on 1st July, 1961
and Lingaraj Panigrahi was elected as the Speaker of Third Assembly. On the 28th
August, 1961, Lokanath Misra was elected as the Deputy Speaker of the Assembly. The
Assembly had its First Session in the new building on 21st August, 1961.

As the leader of the majority party, Biju Patnaik became the Chief Minister and
formed the ministry on 23rd June 1961. Subsequently Biren Mitra, followed by Sadasiba
Tripathy became the Chief Ministers of Odisha on 2nd October, 1963 and 21st February,
1965 respectively. Rajendra Narayan Singh Deo was declared as the leader of the
Opposition. The Third Assembly had total 10 sessions spreading over 326 days. This
Assembly was dissolved on 1st March, 1967.

The Fourth Assembly (1967-1971)

In the Delimitation of Constituencies (Odisha Order) 1965 there were some

changes in the boundaries of the Constituencies without affecting, of course, the total
strength of the Assembly which remained at 140 as before. Election to the Fourth
Assembly was held on the 21st February 1967. It was for the first time that the poll was
conducted in one day throughout the state without any difficulties. The Ganatantra
Parishad had decided to merge with the Swatantra party in March 1962 and hence it
fought the election with the party symbol of the Swatantra. The party positions of the
Fourth Assembly given below:

Table- 4

Parties Contested in The Election Seats Percentage of valid

Obtained Votes

Page | 24
 Congress 31 30.62

Swatantra Party 49 22.58

Jana-Congress 26 13.47

Praja Socialist Party 21 11.20

C.P.I 07 06.26

C.P.I. M 01 01.22

Samyukta Socialist Party 02 01.52

Independent and Others 03 13.13

Total 140 100

The election at Parlakhemundi Constituency was countermanded due to the death

of a candidate and in the subsequent bye-election a candidate on the Congress ticket
was elected from this constituency. On 18th March 1967 Nandakishore Mishra was
unanimously elected as the Speaker of Assembly. Harihar Bahinipati a member of the
PS.P., was elected as the Deputy Speaker of the Assembly on 29th March, 1967. The
members had taken their oath on 17th March, 1967. The Swatantra-Jana Congress
Coalition Ministry was formed with R. N. Singh Deo as the Chief Minister and Pabitra
Mohan Pradhan as the Deputy Chief Minister. Sadasiba Tripathy of the Congress was
declared as the leader of the Opposition in the Assembly.

As per the convention the political parties in the Assembly were having whips. But
these posts were not officially recognized. In 1969 statutory recognition was given for
the first time to these Offices. In that year the Odisha Legislative Assembly Members'
Salaries and Allowances Act, 1954 was amended in order to provide an allowance and
some other facilities for the Government Chief- whip and Government Deputy Chief-whip.
On 10th April 1969, Sadasiba Tripathy resigned from the leadership of the Congress Party
and in his place, Binayak Acharya was elected as the leader of the Congress as well as
the leader of the Opposition. The Assembly had all total 10 sessions spreading over 196
days. On 11th January, 1971 the President of India issued a proclamation suspending the
Assembly. On 23rd January, 1971 another proclamation was issued dissolving the Odisha
Assembly.

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The Fifth Assembly (1971-1973)

The Fifth General Election to the Odisha Assembly and to the Lok Sabha were held
simultaneously on 5th March, 1971 and for the second time the poll was conducted on a
single day in Odisha. It may not be out of place to point out here that in the 1951-52
elections, the poll was completed in a period of 36 days. It was reduced to 14 days in
1957 elections. In the Midterm elections held in the year 1961, period of poll was further
reduced to 5 days. The party position in the Odisha Assembly as per the election result
was as follows."

Table-5

Parties Contested in The Election Seats Obtained Percentage of valid Votes

Congress (R) 51 28.18

Swatantra party 36 17.44

Utkal congress 33 23.83

Praja socialist party 04 06.08

C.P.I 04 04.79

Jharakhanda 04 01.68

C.P.I M 02 02.20

Congress (O) 01 01.81

Jana-congress 01 05.16

Independents and others (S.S.P, __ 02.15

forward bloc & S.U.C.I)

Total 140 100

The elected members of the Fifth Assembly took their oath on 9th and 10th April,
1971. On 12th April 1971, Nandakishore Mishra (Swatantra), who was the Speaker in the
previous Assembly, was elected as the Speaker again. On 6th May, 1971 Narayan Briar
Samant (Utkal Congress) was elected as the Deputy Speaker The first session of the Fifth
Assembly was summoned to meet on 3rd May, 1971. The Swatantra and Utkal Congress
formed the coalition ministry headed by Biswanath Das who was afterwards elected from

Page | 26
Rourkela constituency in the bye-election. When majority of elected members of the Utkal
Congress decided to join the Congress Party, the Chief Minister, Das tendered his
resignation. The Congress Party formed the Government with Nandini Satpathy as the
Chief Minister from 14th June, 1971 to 3rd March, 1973. Binayak Acharya, leader of
Congress party, was the leader of the Opposition from 4th May 1971 to 14th June 1972.
R. N. Singh Deo of the Swatantra Party was the leader of the Opposition from 14th June
1972 to 9th February, 1973. When the Pragati Legislature Party was formed. its leader
Biju Patnaik acted as the leader of the Opposition for a short period from 9th February
1973 to 3rd March, 1973 the Fifth Assembly had five sessions during the short span of
its life, spreading over 131 days. The Assembly was dissolved on 3rd March, 1973.

The Sixth Assembly (1974-1977)

On the basis of the census figures of 1971, the strength of the Odisha Legislative
Assembly was increased to 147 by the Delimitation Commission. The Sixth to the Odisha
Legislative Assembly were held on the 22nd, 24th and 26th February,1974 respectively.

Originally there was programme for one day poll. But due to the strike of the non-
gazetted Government servants immediately prior to the poll and the consequent shortage
of vehicles and polling personnel causing considerable dislocation in the conduct of
election, the poll was spread over three days in 1974 in Odisha. The party position of the
Sixth Assembly as per the election result was indicated in Table - 6."

The members of the Sixth Assembly took oath on 11th March, 1974. On 21st
March, 1974 Brajamohan Mohanty was elected as the Speaker of the Sixth Assembly. On
29th March, 1974 Chintamani Jena was elected as the Deputy Speaker. The first session
of the Sixth Assembly was convened on 22nd March, 1974.

Table-6

Parties Contested in The Election Seats Obtained Percentage of valid Votes

Congress 70 37.44

Utkal congress 35 26.45

Swatantra 21 12.08

Jharakhand 01 00.60

C.P.I 07 04.87

Page | 27
 C.P.I. M 03 01.11

Socialist party 02 01.77

Jana-congress 01 01.17

Independents 07 13.05

Others __ 01.40

Total 147 100

The Council of Ministers was sworn in on 6th March, 1974, with Nandini Satpathy of the
Congress Party as the Chief Minister. After her resignation, Binayak Acharya became the
Chief Minister of Odisha from 29th December, 1976 to 30th April 1977. Biju Patnaik,
leader of Pragati Legislature Party, was declared as the leader of the Opposition from
19th March, 1974 to 16th December 1976. Again he continued as the leader of the
Opposition representing the Bharatiya Lok Dal till 24th March, 1977. In the meantime a
new party known as Janata Party was formed and as such Ramprasad Mishra, leader of
Janata Legislature Party, was declared as the leader of Opposition on 31st March, 1977
and ceased to be so on 30th April, 1977. This Assembly had, in total, 9 Sessions, spread
over 150 days. The Sixth Assembly was dissolved under Article 356 of the Constitution
with effect from 30th April, 1977.

The Seventh Assembly (1977-1980)

The elections for the Seventh Odisha Legislative Assembly were held on the 10th
June, 1977. The party position of the Seventh Assembly as per the election result is given
in Table 7."

Parties Contested in The Election Seats Obtained Percentage of valid Votes

Janata 110 49.17

Congress 26 31.02

C.P.I 01 03.57

C.P.I.M 01 00.88

Independent and 09 14.31

Page | 28
 Others __ 01.05

Total 147 100

The elected members took oath on 29th June, 1977. Satya Priya Mohanty was
elected as the Speaker of the Assembly on 1st July, 1977. Surendranath Naik was elected
as the Deputy Speaker on 27th July, 1977. The first session of the Seventh Assembly was
summoned to meet on 20th July, 1977. Nilamani Routray as the leader of the Janata Party
which secured absolute majority, formed the ministry and became the Chief Minister.
Chintamani Panigrahi of the Congress Party became the leader of the Opposition from
29th June 1977 to 20th February, 1978. After that Brundaban Nayak of the Congress Party
was declared as the leader of the Opposition. from 20th February 1978 to 3rd September
1978. Again, Prahallad Mallick was declared as the leader of the Opposition from 3rd
September, 1979 of 13th February 1980. The Assembly had seven sessions covering 118
days in total. President's Rule was proclaimed on 17th February, 1980 and it was revoked
on 9th June, 1980. The Seventh Assembly was dissolved on 17th February, 1980.
Researching was opened during this Assembly's period.

The Eighth Assembly (1980-1984)

Elections to the Eighth Legislative Assembly were held on 31st May, 1980. The
result of the 1980 elections is given in Table 8.

Parties Contested in The Election Seats Obtained Percentage of valid Votes

Congress 117 47.93

Janata (secular) 13 19.55

Janata (J.P) 03 04.01

C.P.I. 04 04.78

Congress (U) 02 07.07

Independent and 07 11.88

Page | 29
 Others __ 04.78

Vacant 01 __

Total 147 100

Election of Nimapara Constituency was countermanded due to the death of a

candidate. Two more seats were vacant due to resignation of Biju Patnaik a member of
Patkura Constituency who was elected as member of the Lok Sabha in January 1980. He
resigned from his Patkura seat and continued to be the member of the Lok Sabha.
Rasananda Sahoo, who was elected as an M.L.A. from Athagarh constituency resigned
from his membership with. effect from 7th October 1980. Two seats went to Congress
(1) and one seat to Janata (C.S.), which was subsequently known as the Lok Dal. Janaki
Ballava Patnaik, who had been sworn as the Chief Minister of Odisha on 9th June 1980
was elected from Athagarh in the bye-election.

None of the Opposition parties secured the requisite number of seats, as a result
of which, there was no recognized leader of the Opposition in the eighth Legislative
Assembly. Sarat Kumar Deb was declared as the Leader of the largest opposition group
in the Assembly

Ninth Assembly (1985-1990):

In March, 1985 the elections were held to the Odisha Legislative Assembly and J.
B. Patnaik, the leader of the Congress, became the Chief Minister, Prasanna Kumar Das
and Chintamani Dyan Samantara of Congress, were elected as the Speaker and the
Deputy Speaker. Biju Patnaik who was elected from the prestigious Bhubaneswar seat
resigned his Lok Sabha seat and was elected as the Leader of the Opposition. His
presence in tlie Assembly has provided fire and vitality to the proceedings. The Ninth
Assembly was dissolved on 3rd, March 1990. Table 9 outlines party position.

Table-9

Parties Contested in The Election Seats Obtained Percentage of valid Votes

Page | 30
 Congress 117 51.18

Janata 19 30.31

C.P.I. 01 03.30

C.P.I.M __ 01.16

Bharatiya Janata Party (BJP) 01 02.64

S.U.C.I 01 00.07

Independent/other 06 11.34

Vacant 02 __

Total 147 100

The Tenth Assembly - 1990

The General Election to the Tenth Assembly was held on the 27th February, 1990.

As per the result of the election, the party position was given below:

Table- 10

Parties Contested in The Election Seats Obtained Percentage of valid Votes

Janata dal 123 53.68

Page | 31
 Indian National Congress 10 29.78

B.J.P 02 03.58

C.P.I.M 01 00.84

C.P.I 05 02.98

Independent\others 6 09.14

Total 147 100

On 1st March, 1990 the elected member from Dhamnagar Constituency died. In
the bye-election held for the Dhamnagar Constituency on the 29th April, 1990 Janata Dal
candidate won the seat.

The New House was constituted on the 3rd March, 1990. Shri Biju Patnaik, Leader
of the Janata Dal was sworn in as the Chief Minister on the 5th March, 1990. Shri
Ghasiram Majhi was the Speaker protem. He administered Oath to the newly elected
Members of the House on the 6th and 7th March, 1990. Shri Yudhisthir Das was
unanimously elected as the Speaker of the tenth Assembly on the 9th March, 1990. On
the 22nd March, 1990, Shri Prahlad Dora was elected unanimously as Deputy Speaker of
the Odisha Legislative Assembly. He was the first Tribal leader who became Deputy
Speaker. The first session of the 10th Odisha Legislative Assembly was held from the
19th March, 1990 to the 29th March, 1990.

None of the Opposition Parties secured requisite one-tenth of number of seats, as

a result of which in the Tenth Assembly, there was no recognized Opposition Party.

Shri Biswa Bhusan Harichandan, elected Member from Chilka constituency and
Shri Jagannath Mallick, elected member from Jajpur (S.C.) Constituency resigned their
seats and their resignations were accepted by the Honourable Speaker, w.e.f., the 6th
November, 1994 and the 16th November, 1994, respectively. As a result of the expulsion
from the primary membership of Janata Dal, the Speaker treated Shri Sarat Chandra
Paikray, elected Member from Jatni Constituency, Shri Chandra Madhab Mishra, elected
Member from Satyabadi Constituency and Shri Uma Ballav Rath, elected Members from
Puri Constituency as independent members of the House, w.e.f., the 25th January, 1995.

The Tenth Assembly had all total 17 sessions with 239 sitting days and was
dissolved on the 15th March, 1995.

Page | 32
The Eleventh Assembly -- 1995

The General Election of the Eleventh Assembly was held on the 7th March, 1995
for 71 Constituencies and on the 9th March, 1995 for 76 Constituencies. The Party
position in the Assembly was as follows:

Table- 11

Parties Contested in The Election Seats Obtained Percentage of valid Votes

Indian National Congress 80 39..39

Janata Dal 46 35.41

Bharatiya Janata Party 09 07.88

Communist Party of India 1 01.73

Independent\others 11 15.59

Total 147 100

The Eleventh Assembly was constituted on the 15th March, 1995. Shri Ghasiram
Majhi, M.L.A. was appointed as Protem Speaker on the 19th March, 1995 to perform the
duties of the Office of the Speaker until the Speaker is elected. He administered oath to
the newly elected Members of the Eleventh Assembly on the 20th, 21st and 22nd March,
1995.

Shri Kishore Chandra Patel was unanimously elected as the Speaker of the Odisha
Assembly on the 22nd March, 1995 and Shri Chintamani Dyan Samantra was
unanimously elected as the Deputy Speaker on the 28th March, 1995.

Shri Kishore Chandra Patel, Speaker, resigned from his office with effect from the
14th January, 1996 and became a Cabinet Minister. Shri Chintamani Dyan Samantra,
Deputy Speaker, became the Speaker on the same day and resigned from the Office of
Deputy Speaker with effect from the 12th February, 1996 in order to contest Office of the
Speaker. As both the posts of Speaker and Deputy Speaker were vacant, the Governor of
Odisha appointed Shri Ghasiram Majhi, M.L.A. to conduct the election of the Speaker. The
election was held on the 16th February, 1996 and Shri Chintamani Dyan Assembly by
defeating Smt. V. Sugnana Kumari Deo, M.L.A. Out of the 142 votes polled, one vote was

Page | 33
rejected. Shri Chintamani Dyan Samantra got 81 votes and Shri V. Sugnana Kumari Deo
got 60 votes. The Office of the Deputy Speaker was lying vacant with effect from the 12th
February, 1996 and in a meeting of the Odisha Legislative Assembly held on the 15th
March, 1996, Shri Bibhuti Bhusan Singh Mardaraj was unanimously elected as the Deputy
Speaker of the Odisha Legislative Assembly.

Shri Janaki Ballav Patnaik, Leader of the Indian National Congress party became
the Chief Minister on the 15th March, 1995. At that time, he was not the Member of the
Assembly. On the same day, Shri Basanta Kumar Biswal, M.L.A. and Shri Hemananda
Biswal, M.L.A. were sworn in as Deputy Chief Minister with two other Cabinet Ministers.

On the 20th March, 1995, 8 Cabinet Ministers and 9 Ministers of State joined in the
Council of Ministers and on the 14th January, 1996, 2 Cabinet Ministers and 5 Ministers
of State joined in the Council of Ministers. On the 18th August, 1997 Shri Jagannath
Patnaik, M.L.A. joined as Cabinet Minister. On the 24th August, 1998 Shri Mohan Nag,
M.L.A. joined as Minister of State. On the 9th May, 1998 Shri Hemananda Biswal, Deputy
Chief Minister resigned from the Council of Ministers.

On the 12th February 1999 Shri J.B. Patnaik, resigned from the office of the Chief
Minister but continued till the 17th February. 1999 till alternative arrangement was made.
Dr. Giridhar Gamang was sworn in as Chief Minister, Odisha on the 17th February, 1999.

On the 22nd February, 1999, 12 Cabinet Ministers, 5 Ministers of State

(Independent Charge) and 7 Ministers of the State joined in Council of Ministers and on
the 24th February, 1999 another 2 Ministers of States were included in the Council of
Ministers. Dr. Gamang was the Chief Minister during October 1999 Super-Cyclone that
ravaged Odisha.

On the 6th December, 1999 Dr. Giridhar Gamang, Chief Minister resigned and Shri
Hemananda Biswal became the Chief Minister. Shri Basanta Kumar Biswal and Shri
Jagannath Patnaik were sworn in as Cabinet Minister on the very day. On the 9th
December, 1999, 11 Cabinet Ministers, 8 Ministers of State (Independent Charge) and 8
Ministers of State joined in the Council of Ministers and again on the 11th December,
1999 Dr. Debendra Nath Mansingh, M.L.A. was included in the Council.

On the 7th February, 2000 Shri Raghunath Patnaik, Minister resigned from Council
of Ministers. On the 26th February, 2000. Shri Hemananda Biswal, Chief Minister
submitted his resignation but continued till the 5th March, 2000.

Shri Biju Patnaik, M.L.A., the Leader of the Janata Dal Legislature Party became
the Leader of Opposition on 23rd March. 1995 and ceased to continue as such with effect
from the 20th May, 1996 on being elected to the Lok Sabha. Shri Ashok Kumar Das, M.L.A.
Page | 34
the Leader of the Janata Dal Legislature Party became the Leader of Opposition on the
22nd May, 1996 and continued till the 18th December, 1997.

Due to the spilt of the Janata Dal, a new Legislature Party, namely "Biju Janata Dal"
consisting of 28 Members was formed and the Speaker recognized the Party on the 18th
December, 1997. The Leader of the Biju Janata Dal, Shri Ramakrushna Patnaik was
declared as the Leader of Opposition on 22nd February, 1998 and continued up to 16th
November, 1998. Shri Prafulla Samal, M.L.A. was declared as Leader of the Biju Janata
Dal Legislature Party and the Speaker recognized him as Leader of Opposition with effect
from 16th November, 1998. He continued as such till 1st December, 1998. On the 11th
December, 1998, Shri Satchidananda Dalal, M.L.A. and the Leader of Biju Janata Dal was
declared as Leader of Opposition in the Odisha Legislative Assembly.

The first session of the 11th Assembly was summoned to meet on the 23rd March,
1995 all total 17 sessions and one special session on the eve of 50th Anniversary of
Independence with 248 sitting days. The Assembly was dissolved on the 29th March,
2000.

The Twelfth Assembly 2000:

The election of the Twelfth Odisha Legislative Assembly was held on the 17th
February, 2000 for 70 constituencies and on the 22nd February, 2000 for 77
constituencies. The party position in the Twelfth Assembly was as follows:

Table-12

Parties Contested in The Seats Obtained Percentage of valid Votes

Election

Biju Janata Dal (BJD) 68 29.40

Bharatiya Janata Party (BJP) 38 18.20

Indian National Congress 26 33.78

Jharakhand Mukti Morcha 03 02.14

Janata Dal (secular) 01 00.84

C.P.I.M 01 00.77

Page | 35
 C.P.I. 01 01.22

All India Trinamol Congress 01 00.78

Independents 08 12.87

Total 147 100

The Twelfth Odisha Legislative Assembly was constituted on the 29th February,
2000. Shri Habibulla Khan, Congress, M.L.A. was appointed as Protem Speaker on the
6th March, 2000 to perform the duties of the office of Speaker until a new Speaker is
elected. He administered Oath to the elected members of the Twelfth Assembly on the
7th and 8th March, 2000.

Shri Sarat Kumar Kar was unanimously elected as the Hon'ble Speaker of the
Odisha Legislative Assembly on the 10th March, 2000. The B.J.D and B.J.P coalition
ministry was formed and Shri Naveen Patnaik, the Leader of the Biju Janata Dal
Legislature Party was sworn in as Chief Minister alongwith 14 Cabinet Ministers, 6
Ministers of States (Independent) and 4 Minister of State on the 5th 2000. Shri
Bishwabhushan Harichandan, the leader of BJ.P, was inducted as Cabinet Minister of
Revenue, Law, Fisheries and Animal Resources Development.

The First Session of the Odisha Legislative Assembly was held on the 22nd March,
2000. Shri Ramakant Mishra became the leader of the opposition in the Assembly.

The Thirteenth Assembly 2004

The Twelfth Assembly was dissolved in February 2004 Election to the Thirteenth
Assembly is going to be held in the month of April-May, 2004. The joining of Sri Dilip Ray,
Sri Ramakrushna Pattanaik, Sri Nalinikanta Mohanty, Smt. Kumudini Pattanaik in
Congress have made the pre-election scenario interesting. The Odisha Gana Parisad is
intending to fight in collaboration with Congress. Sri Tathagat Satapathy has joined B.J.D.
There will be two-way fight between Congress and BJD-BJP combine. The twelfth
assembly was dissolved in order to have simultaneous poll of Assembly with Lok Sabha
election. When National Democratic Alliance was projecting the Sri Atal Behari Vajpayee
as the Prime Ministerial candidate, the National Congress is projecting Smt. Sonia Gandhi
as the Prime Ministerial candidate.

Observation:

Page | 36
 The author who was the Research Officer of the Odisha Legislative Assembly for
few years had the privilege of observing from very close quarters the legislative behavior
of the members of the Assembly. By and large, their performance is far from satisfactory
although some of them are interested in improving it. As a large number of members hail
from either low or low-middle stratum of the society, they lack in adequate education and
proper political socialization to do their job efficiently. Further, as the level of politics of
this backward State is not of high standard as there is a linkage between the level of
politics and the legislative behavior, most of the MLAs of Odisha are tempted to neglect
their legislative duty and indulge in other materially profitable things. It is urged that these
members should be exposed to good training and academic discussions and provided
with sufficient expertise and library facilities. Periodical orientation camps should be
organized for the MLAs, particularly those belonging to scheduled castes and scheduled
tribes who, in general, not only lack necessary educational and political background, but
also self-confidence. They need to be encouraged to improve their performance and
knowledge with a spirit of service for the welfare of the people of the state. The new-
comers of this august House should not hesitate to learn the skill and art of legislative
work and should do home-task sincerely before presenting their points of argument in
the House. The Hon'ble Members of the various committees should also exercise their
supervisory activities in the scrutiny of development activities of the State. It is not out of
place to mention that some of the leading parliamentarians of the State like Dr. H.K.
Mahtab and Shri Biju Patnaik had their grounding in Odisha Legislative Assembly.

References:
1. For details see Dr. H. K. Mahtab's (a) History of Odisha, (b) History of Freedom Movement in Odisha.

2. Odisha Legislative Assembly Debates, Vol. 1 (28.7.1937-28.9.1937). 3. Odisha Gazette Extraordinary No. 25 dated 28.4.1946.

4. Report on the First General Elections in India, 1951-1952, Vol. II, Election Commission of India.

5. Report on the Second General Elections in India, 1957, Vol. II, Election Commission of India.

Page | 37
 Judiciary in Odisha

The focus of the discussion here is how nationalistic movement in Odisha

facilitated change for establishing a separate High Court along with a separate State for
the people of Odisha. With nationalistic search for an Oriya identity, new value system
and symbols came to the centre-stage of politics. Utkal Gourav Madhusudan, Utkalmani
Gopabandhu, Maharaja Krishna Chandra Gajapati, King of Bamanda, Suddhal Dev
influenced the activists to forge a link between national political heavyweights and the
local mass in order to strengthen the Odishan identity. This threw light on futuristic
outlook in Odisha. Forward looking Oriya speaking people hoped to have a separate
province along with separate judiciary for the land. As the movement went on, the
significant point emerged that democratic state must have a free court for redress of
grievances at a less cost. This argument found wide support among the people. But the
Oriyas could not translate this support in to action as they were not recognized in the
decision-making process of British India. They were forced to accept a separate but
truncated Odisha and without a High Court in the Year 1936.

Evolution:
Until 1905, Odisha was a revenue division of Bengal consisting of four districts,
Cuttack, Balasore, Puri and Angul. In 1905 another district- Sambalpur was transferred
from the central provinces. Subsequently in 1912, Odisha consisting of five districts,
became a part of new province of Bihar and Odisha. There was only one district judgeship
at Cuttack, having jurisdiction over the districts of Cuttack, Puri and Balasore, while
Sambalpur-Manbhum judgeship was then under the control of High Court at Patna.

It was not until 1936 that Odisha became a province as a separate administrative
unit with two more districts- Ganjam and Koraput carved out of the old Madras
Presidency, and Odisha acquired one more judgeship with its headquarters at Berhampur
having jurisdiction over Ganjam and Puri districts, while the other judgeship, with its
headquarters at Cuttack was invested with jurisdiction over Cuttack, Balasore and
Sambalpur.

Until 1949 one of the two district judges of these judgeships in Odisha was a
member of the Indian Civil Service belonging to the joint cadre of Bihar and Odisha, while
the other was on promotion from the provincial judicial service. The cadre of subordinate
judges and munsifs was, however, separated from Bihar in 1936 after the formation of
the Odisha province.

Page | 38
 Though Odisha was constituted a separate province in 1936, it was not until 1948
that the State had a separate High Court) Under the Letters patent dated February 9, 1916,
constituting the Patna High Court, it was ordained that one or more judges that High Court
would visit Odisha by the way of circuit whenever the Chief Justice from time to time
appointed in order to exercise in respect of cases arising in Odisha jurisdiction and power
vested in High Court; it was provided that always such visits would be made not less than
4 times in every year unless the Chief Justice with the approval of the Lt. Governor-in-
Council, otherwise directed. It was also provided that the High Court would have power
from time to time to make rules with the previous sanction of the Lt. Governor-in-Council
for declaring what case or classes of cases arising in Odisha, would be heard at Patna
and not in Odisha and that the Chief Justice might, in his discretion, order that any
particular case arising in Odisha would be heard at Patna or in Odisha.

It is interesting to recall that on May 8, 1916 even as early as twenty years before
Odisha became a separate province, the first sitting of the Cuttack circuit court was held
in court No.1 of the present premises of High Court presided over by the then Chief
Justice Sir Edward Chamiers and Justice Sharfuddin. It was on record that in the light of
the past history of Odisha, the presence of two of His Majesty's Judges on that day was
on occasion of rejoicing as expressed by the then President of Bar Association Madhu
Sudan Das. In his address the President of Bar Association gave expression to his hope
that the said circuit court would become a permanent bench in the near future. To a
student of the history of the Odisha Judiciary, what Chief Justice Chamiers replied to the
Bar address was of great significance. He said, "You look forward to the time when this
circuit court will be replaced by a permanent bench of the court who can say that will
never be? But such a bench will not be constituted in the near future and for the present
we are concerned with the circuit court, the first of its kind in India and it is somewhat of
an experiment. A similar arrangement was within my experience proposed for another
province and was rejected as likely to be unworkable. With your assistance only can this
circuit court be a success." These were indeed prophetic words as the future events
showed.

It was also on record that by virtue of the rules made under the letters patent, the
Patna High Court delegated important duties to the district and session judge of Cuttack
as Ex-officio Registrar of the Circuit Court; such an arrangement was found to be
necessary to make the system work effectively. These special rules made for Odisha
were the first of the kind in India.

Page | 39
Separate Province for Odisha and demand for

Separate High Court

Under the Government of India (Constitution of Odisha) Order 1936, a Governor's
province known as the province of Odisha was created with effect from 1st April, 1936
with carrying certain parts of the province of Bihar and Odisha, the presidency of Madras
and the Central provinces. The new province comprised an area of 321,98 Sq. miles, (i)
Odisha Division of the Province of Bihar and Odisha as it was constituted in the Year 1912,
(ii) a portion of the Ganjam district of Madras Presidency consisting of the entire Ganjam
Agency and the taluks of Ganjam plains excluding Chicacele (Srikakulam), Somepet and
Takkali. These were constituted into Ganjam District. (iii) a portion taken from the Madras
Presidency mainly from Vizagapatam Agency which was constituted into the district of
Koraput and (iv) the Khariar zamindari and a portion of Padmpur tract of the central
provinces constituted into sub-division.

Although under the Government of India (constitution of Odisha) Order 1936,

Odisha became a separate province, no separate High Court was created for it. That order
provided that the High Court at Patna would be the High Court for the whole of the Odisha
and would have jurisdiction in respect of territories transferred from the province of Bihar
and Odisha and in respect of such areas in Odisha jurisdiction of any other High Court.
Accordingly, in respect of territories transferred from the Madras Presidency and the
Central' Provinces, the jurisdiction of the High Court of Madras and Nagpur ceased and
the jurisdiction of the Patna High Court was extended to those territories. It was thus that
the jurisdiction of the Patna High Court was extended to all the areas constituting the new
province of Odisha. Consequential directions were also given in the constitution of
Odisha order for disposal of pending cases.

It was also provided in the constitution for Odisha order that the letters patent of
the High Court which immediately before the appointed day, had jurisdiction in any part
of Odisha should be read with and construed as modified by that order. Accordingly,
clause 35 of the letters patent constituting the Patna High Court was appropriately
modified to the effect that one more of the judges of the High Court of Patna would visit
the province by way of circuit in order to exercise power in respect of cases arising in
Odisha.

Thus, the High Court of Patna continued to remain the High Court for Odisha and
the system of Circuit Sitting at Cuttack also continued even after Odisha became a
separate province in 1936.

Page | 40
 In this background a strong urge for judicial reform in this respect was felt
throughout Odisha. A province without the highest judiciary is a non-entity and that unless
the province is provided with a separate High Court, it is no good having a circuit court
which does not give satisfaction either to the Bench or to the bar or to the litigant public.
One could easily visualize the difficulty which the people of Odisha had to undergo since
the introduction of the circuit system under the Patna High Court for Odisha had in fact
been agitating the public mind from the very inception of the province.

There was pressure from all quarters the public and the Bar- for providing and
maintaining a separate High Court for Odisha with the existing contribution and it was
urged that the early establishment of such a High Court should synchronize with the
coming in of the reforms under the Government of India Act 1935. This question had been
discussed several times on the floor of Odisha Legislative Assembly beginning from
February 11, 1939. Owing to the limited amount of work available and the enormous cost
of running a High Court, it was being deferred and the litigant public of Odisha had to
continue to submit their cases to the jurisdiction of the Patna High Court.

The Ray Committee

The want of a High Court was no less felt by the Government as will be evident
from the speech of the then Odisha Finance Minister in introducing the budget estimate
of 1942-43. Although everybody agreed that a High Court for the province was desirable
‘the question was whether it was feasible having regard to the amount of judicial work
and the expense. It was in this background that on August 15, (1942, the Government of
Odisha by resolution appointed a committee with the late Mar. B. K. Ray (then Advocate
General of Odisha who later became a judge of the Patna High Court and then the first
Chief Justice of Odisha) as its chairman to enquire into the feasibility of setting up a High
Court for Odisha

The terms of reference of the Committee were

(i) to examine and work out in greater detail the rough scheme of Srimati Sarala Devi,
M.L.A. which was moved and withdrawn in the Odisha Legislative Assembly on 11th
February, 1939, the scheme being practically the same as the one subsequently placed
before Government in August, 1939 by the High Court Bar Association, Cuttack.

Page | 41
(ii) to consider whether this scheme is feasible having regard to the volume of work and
to the expense, and if found feasible, to make further recommendations regarding the
constitution of a High Court for Odisha for improvement of judicial administration there.

The Ray Committee answered the questions posed to themselves - "Is a High Court
wanted? Can it be? Is it justified?" - as appears from the report of the Committee.

The Bar Association again on April 12, 1943 passed a resolution pressing for the
early establishment of a separate High Court for Odisha as the only solution of the stated
judicial problem. By the same resolution they urged the Ray Committee to complete its
work as soon as possible.

The Ray Committee recommended that the creation of a separate High Court
would complete the creation of the new province and lead to more speedy and convenient
administration of justice, that the cost involved would not be beyond the resources of
Government that the work available for disposal was sufficient to function a High Court.
Committee suggested. Hence, the Committee stressed the necessity of starting a High
Court in Odisha.

Accordingly, the Committee recommended for setting up a separate High Court

both on ground of general policy and practical convenience. While quoting from the report
of the Odisha Administration Committee, the Ray Committee reiterated that it would also
be possible to develop a constitutional argument that provincial autonomy is impossible
without a High Court, indeed a province could be completely autonomous nor could it be
a separate unit for federation unless it possesses, in addition to responsible Government,
a separate High Court responsible for the administration of justice.

Although the report of the Ray Committee was received by the Government of
Odisha and published for general information in the Odisha Gazette (supplement) dated
31, 1943 it was only in 1948 that Odisha got a separate High Court.

During more than 32 years since 1916 until the inauguration of the High Court of
Odisha in 1948, there have been continuous circuit sitting of the Patna High Court at
Cuttack. Thus, whatever may have been the disadvantages of the system, these circuit
sittings at Cuttack had left behind the marks, for the future Odisha High Court, great
traditions which the posterity both of the Bench and the Bar may profitably emulate.

Creation of the High Court of Odisha

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 The separate High Court for Odisha was inaugurated on July. 26, 1948, in front of
the present High Court building at Cuttack, in the very same premises, by Sir Harilal Kania,
Chief Justice of India, in the presence of a distinguished gathering. Then court was
composed of four judges, namely, Justice B. K. Ray being the founder Chief Justice and
Justice Jagannatha Das, Justice L. Panigrahi and Justice R. L. Narasimha being the
puisne judges- who all, in due course, became successively the Chief Justice of Odisha
High Court. This day would be remembered as a landmark in the history of Odisha
judiciary for it not only witnessed the inauguration of the new High Court, but also
synchronized with the establishment of a common highest judiciary of the province of
Odisha as well as the feudatory States which merged with it. So long we in Odisha had
been having justice administered to us from outside and had hardly any occasion to face
the problems of running an institution such as High Court of judicature. The inauguration
of the new High Court completed the autonomy that Odisha long deserved as a unit in the
federation of the Indian Union the separate High Court opened the door for many new
reforms in the judicial administration of the province.

Within less than six months after the inauguration of the Odisha High Court at
Cuttack, the great institution of the highest temple of the justice in the State- this Court -
attained its present full stature exercising all the thirteen districts including Mayurbhanj
with effect from Jan.1, 1949 the Court of Mayurbhanj from that date ceased to exercise
jurisdiction in Mayurbhanj which merged with Odisha.

The sanctioned number of Judges of Odisha High Court is 16. as on 26.7.98. The
salary of the Chief Justice is Rs. 30,000/- per month and that of the individual Judges is
Rs. 26,000/- per month. It is exclusive of allowances. The first Chief Justice was Hon'ble
Justice B. K. Ray from 26.7.1948 to 30.10.1951. The following is the list of Hon'ble Chief
Justices of Odisha High Court since its inception.

Table Name of Hon'ble Chief Justices of Odisha

1. Hon'ble Justice Bira Kishore Roy

2 Hon'ble Justice Bachu Jagannath Das

3 Hon'ble Justice Lingaraj Panigrahi

4 Hon'ble Justice Ramaswamy Laxman Narasimham

5. Hon'ble Justice Khaleel Ahmed

6. Hon'ble Justice Satya Bhusan Barman

Page | 43
7. Hon'ble Justice Gati Krushna Mishra

8. Hon'ble Justice Siba Narayan Sankar

9. Hon'ble Justice Sukanta Kishore Ray

10. Hon'ble Justice Ranganath Mishra

11. Hon'ble Justice Dhambarudhar Pathak

12. Hon'ble Justice Hari Lal Agrawal

13. Hon'ble Justice Banwari Lal Hansaria

14. Hon'ble Justice Girish Thakurial Nanavati

15. Hon'ble Justice Vallabhdas Aidan Mehta

16. Hon'ble Justice Sailendu Nath Phukan 17. Hon'ble Justice Biswanath Agrawal

18. Hon'ble Justice Nayaka Yellapa Hanumanthappa 17.02.01 24.09.01

19: Hon'ble Justice Peruvemba Krislina lyer Balsubramanyam

20. Hon'ble Justice Sujit Burman Roy

The Constitution of India provides for the High Court in the States and Union
Territories. Article 214 states that there shall be a High Court for cach State. Article 241)
provides the same for a Union Territory. And as per Article:23 the Indian Parliament may
by law establish a common High Court for a group of States and Union Territories. It may
also be stated that some High Courts existed before independence like Calcutta, Madras,
Bombay (established in (1862) Allahabad (1866), Odisha (1948), Rajasthan (1949),
Andhra Pradesh (1954). Madhya Pradesh (1956), Kerala (1958), Gujarat (1960), Delhi
(1966), Himachal Pradesh (1971), Punjab and Haryana (1975) and Sikkim (1975). Thus,
now there are 21 High Courts in our country. As per Articles 225, the existing jurisdiction
of the High Courts was allowed to be continued as per its original Letters Patent at the
commencement of Constitution and additionally under Parliamentary enactments. In
short, the constitution, jurisdiction and powers of the High Courts are governed by the
constitutional provisions enumerated chiefly under Articles 214 to 231, 241 and 124 etc.

Before proceeding to analyse further, it may be noted here that although there shall
be a High Court for a State (s)/U. T(s) and the constitutional provisions are grouped under
Part-VI, the States, the State or U.T. concerned has virtually no substantial power

Page | 44
whatsoever to regulate its High Court's constitution, jurisdiction and powers. It is a
remarkable feature of the country's federal structure.

Structural and Functional Analysis

Each High Court consists of a Chief Justice and such other Judges as the
President may from time to time deem it necessary to appoint. Unlike the Supreme
Court, there is no fixed minimum number of Judges for the High Court. It varies from
Court to Court and from State to State. The Odisha High Court, for example, can have 16
(sixteen) Judges whereas the strength of the Judges of the U.P. High Court is 60. The
number of judges in High Courts has been fixed by the High Court (Judges) Order, 1951
as amended from time to time.

The Chief Justice of a High Court is appointed by the President in consultation

with the Chief Justice of India and the Governor of the State. While appointing other
Judges of the High Court, the President consults the Chief Justice of the Supreme Court,
The Governor of the State and the Chief Justice of the concerned High Court. The
additional Judges are often appointed in order to dispose of the pending cases. Such
appointments are temporary and should not exceed two years and are terminable after
disposal of pending cases: To be eligible for the appointment of a Judge of a High Court,
the person should have the following Qualifications:

(a) He must be a citizen of India.

(b) He must have held a judicial office in India at least for 10 years, or

(c) He must have practised as an advocate of a High Court at least for 10 (ten) years.

A person appointed as a Judge of a High Court must take an oath of office in a

prescribed form before the Governor of the State concerned. Constitutional Amendment
Act, 1963 raised the retirement age of High Court Judges from 60 to 62 years. It became
necessary as competent persons were reluctant to serve as Judges because of early
retirement. However, a Judge may resign from his office earlier by writing to the
President. He may be removed from his office by the President when an impeachment
motion to that effect is passed by the Parliament and presented to the President. Such a
resolution must be supported by a majority of the total membership of each House of the
Parliament and less than two thirds of the total members of each House present and
voting in that session. This procedure is similar to the procedure through which a Judge
of the Supreme Court is removed. Thus, the service conditions of the High Court Judges
are identical with those of the Supreme Court Judges. A Judge of a High Court may be

Page | 45
transferred to another High Court by the President after consultation with the Chief
Justice of India. It is provided in order to enable the President to send a competent Judge
to a particular part of India where his services are needed in the national interest. Further,
it facilitates better justice and keeps the Court above narrow and regional considerations.
The President's action of transfer of the High Court Judges has been upheld by the
Supreme Court on December 31, 1981.

The Judges of the High Court are entitled to such allowances and rights in respect
of pension and leave as the Parliament may, from time to time, determine. Such salaries,
allowances and rights cannot be varied to their disadvantage after their appointment.
They are charged from the Consolidated Fund of the State which is non- votable by the
State Legislature. A Judge of the High court is prohibited from practice in the Courts or
before any authority in India except the Supreme Court and High Courts of which he has
not been a Judge. Thus, in appointment, security, pensions and other privileges, the
Judges of the High Court are equipped with same safeguards as the Judges of the
Supreme Court. This greatly ensures their impartiality and independence.

The High Court of a State enjoys certain jurisdictions throughout the concerned
area. The Parliament may make a provision for a common High Court for two or more
States or extend the jurisdiction of a High Court to one or more Union Territories. The
jurisdiction of Calcutta High Court extends to Andaman and Nicober Islands and the
Kerala High Court has jurisdiction over Laccadive, Minicoy and Amindivi Islands. Haryana
and Punjab have a common High Court at Chandigarh. The Constitution does not attempt
a detailed classification of different types of jurisdictions of the High courts, as it has
done in case of the Supreme Court. This is mainly because of the fact that during the time
of the framing of the Constitution most of the High Courts in the British governed
provinces were functioning well. Thus, the jurisdiction and powers of the High Courts
remained mutatis mutandis the same under the Government of India Act, 1935. The
following are the jurisdictions and powers. of the High Court of Odisha and all other High
Courts of the country as we have adopted in our federal structure:

(i) Original Jurisdiction

The Constitution of India does not give a detailed description of the original
jurisdiction of the High Court. It is accepted that the original jurisdiction of High Court is
exercised by issue of writs, to any person or authority including the Government, Article
226 of the Constitution vests in the High Court the power to issue writs for the restoration
of the fundamental rights. It reads, "Notwithstanding anything in Article 32) every High
Court shall have power, through the territories in relation to which it exercises jurisdiction,
to issue to any person or authority, including appropriate case any government within

Page | 46
those territories, directions, orders or writs including writs in the nature of habeas corpus,
mandamus, prohibition, qua warranto, certiorari or any of them for the enforcement of
any of the rights conferred by Part III and for any other purpose". This power of the High
Court does not delegate the Similar power conferred on the Supreme Court in Article 32
of the Constitution. The original jurisdiction of the High Courts also extends to the
matters of admiralty, probate, matrimonial and contempt of Court case. The High Courts
have also full powers to make rules to regulate their business in relation to the
administration of justice. It can punish for its own contempt.

(ii) Appellate Jurisdiction:

The appellate jurisdiction of the High Court extends to both civil and criminal
cases. In civil cases, its jurisdiction extends to cases tried by the Courts of Munsifs and
District Judges. In the criminal cases, 'it extends to cases decided by the Sessions and
Additional Sessions Judges. Thus, the jurisdiction of the High Court extends to all cases
under the State or federal laws. Its jurisdiction can be enlarged by the Parliament and the
State Legislature. The Parliament exercises exclusive power to make laws touching the
jurisdiction and power of all courts with respect to the subjects of which it is competent
to legislate. It can also legislate on subjects enumerated in the Concurrent List. Likewise,
a State Legislature has power to make laws touching the jurisdictions and powers of all
Courts within the State with respect to all subjects enumerated in the State List and the
Concurrent List. But as regards the subjects in the Concurrent List, the Union law usually
prevails over the State law in case of conflict.

(iii) Powers of Superintendence:

A High Court has also the power of superintendence over all the Courts and
Tribunals except those dealing with the armed forces functioning in the State. In the
exercise of this power, it may-

(i) call for return from such Courts.

(ii) may issue general rules and prescribe forms of regulating the practice and proceeding
of such Courts and

(iii) prescribe forms in which books and accounts are being kept by the officers of any
Courts.

This power has made the High Court responsible for the entire administrative work. The
constitution does not place any restriction on its power of superintendence over the

Page | 47
subordinate Courts. It may be noted that the Supreme Court has no similar power Vis-a-
vis the High Court. The High Court exercises enough administrative and judicial control
over the subordinate courts as per Article 233. 234 and 235.

(iv) Power to transfer of cases to the High Court:

If the High Court is satisfied that a case is pending in a court subordinate to it,
involves a substantial question of law as to the interpretation of the constitution, the
determination of which is necessary for the disposal of the case, it shall withdraw the
case and may follow one of the following procedures. It may –

(a) either dispose of it, or (b) determine the said question of law and return the case to
the Court from which it had been withdrawn together with a copy of its judgement on
such question and the said Court shall on receipt thereof proceed to dispose of the case
in conformity with such judgement. By vesting these powers in the High Court, the
framers of the Constitution have safeguarded the possible multiplicity of constitutional
interpretation at the level of subordinate court. The High Court has also got ample powers
to call for the records of any case from any subordinate Court to satisfy itself about the
correctness and legality of the orders passed by the subordinate courts. The High Court
may either be moved by any interested party to exercise its power of revision. Even
without being so moved, it can suo moto call for records and pass necessary orders.

(v) Control over its Officers and Staff:

The High Court has complete control over its officers and all employees.
Appointments of officers and staff are to be made by the Chief Justice or such other
Judge or officer of the High Court as the Chief Justice may direct. However, the Governor
of the State may by rule require that in such cases as may be specified in the rule, no
person, not already attached to the Court, shall be appointed to any office connected with
the Court except after consultation with the State Legislature, the conditions of services
of those officers and employees of the High Court are to be such as may be prescribed
by made by the Chief Justice of the High court or by some other Judge of the High Court
authorized by the Chief Justice to make such rules. The power of appointment also
includes power to suspend and dismiss. The administrative expenses of the High Court,
are also charged upon the Consolidated Fund of the State,

Finally, the High court is also a court of record. Its decision will be binding on its
subordinate courts. Its proceedings and decisions have evidential value and they cannot
he questioned by the subordinate courts. Further, it can punish for contempt of itself.
Some High Courts exercise jurisdiction over the Union territories. To make the exercise
of this jurisdiction effective, the restrictions are imposed on the power of the State

Page | 48
Legislature to make law with respect to that jurisdiction. When the High court exercises
jurisdiction in relation to a Union Territory, the Legislature of the State has no power to
increase, restrict or abolish that jurisdiction of the High Court. Thus, contrary to the
practice prevailing in some other federations of the world, the High Courts in India are a
part of an integrated and unified judicial system. As the highest judicial bodies of the
State, they discharge their duties independently and impartially without fear or favor.

Subordinate Courts
The Court of the District and Sessions Judge and the Additional District and
Sessions Judge is at the apex of the lower or subordinate judiciary in Odisha. There are
District Judges to manage district Judiciary.

The district and Session’s judge is in charge of the administration of justice both
civil and criminal for the districts.

Each of the Districts of Odisha is having a Chief Judicial Magistrate (CJM), who is
head of criminal law administration as provided under the Criminal Procedure Code 1973,
in a district. Next below him is a Sub-Divisional Judicial Magistrate-cum- Additional Civil
Judge (Junior Division) in each Sub Division.

Civil Judge (Senior Division) formerly known as Sub Judge- cum-Assistant

Sessions Judge takes up civil and sessions case. Munsifs, Munsif Magistrate, Civil Judge
(Junior Division) are placed at the base of the judicial hierarchy.

These Courts in all States of India have been principally derived from the Code of
Civil Procedure, 1908 and the Code of Criminal Procedure 1973 although many other laws
are administered by it.

The District Judge enjoys both original and appellate jurisdiction in Civil and
Criminal cases. In the entire subordinate judiciary, the District and Sessions Judge alone
has got the powers of sentencing a man to death as per law. But each death sentence is
effective only when confirmed by the High Court. The District and Sessions Judge
supervises the work of lower courts and acts as its administrative head.

Apart from acting as High Court Judges, the State Consumer commission, State
Administrative Tribunal, Officers of Odisha Judicial Service are also acting as Presiding
Officer in industrial Tribunal, chairman and Member of Sales Tax Tribunal, chairman,
State Transport Appellate Tribunal, Member, Education Tribunal, Chairman, Arbitration
Tribunal, Judge in Motor Accident claims Tribunal, Member-secretary, Legal Aid and

Page | 49
Advice Board, Judges of Family Courts, Presiding Officer (Member). Cooperative
Tribunal, Special Railway Magistrate.

Legal Aid and Lok Adalat’s

A model scheme for providing Legal Aid to poor and disadvantaged people,
women, children, members of scheduled castes and Tribes was prepared by Justice
Bhagawati Committee (1980). It also aims at promoting legal Literacy and legal aid clinics
as well as disposal of cases at Lok Adalat’s, which is reminiscent of nyay sabhas of the
past. We have adopted this scheme under the guidance of Odisha High Court to give relief
to the poor litigant. The Legal Services Authorities Act, 1987 and its Amendment in 1994
has widened the scope of Lok Adalat’s. The Odisha Legal Services Authorities Rules, 1996
has made the Lok Adalat’s popular in our state. Credit went to Justice Rangnath Mishra
in activating Lok Adalat Scheme in Odisha. Justice Arjit Pasayat was working as the
Executive head of Odisha Legal Aid and Advice Scheme in 23rd September 1996 in our
State. There is no procedural complexity in Lok Adalat. It is also not a costly affair. Justice
is provided to the people at a reasonable cost under this scheme.

Judicial Activism
There is a talk of judicial activism in India in recent days. The Judiciary is emerging
as powerful organ in the State. Its approach has changed from conservatism to social
activism. The Supreme Court and High Courts are coming forward to give relief to the
poor, backward community through Public Interest litigation (PIL). PIL and Lok Adalat are
instrumental in bringing judiciary to reach the people at a lower cost. The performance of
the judiciary in checking reckless power of the legislature and the executive in recent days
is appreciated by one and all. But the use of PIL should be exercised only when there is
genuine ground for it. The role of the Courts in protecting Human Rights is also
significant.

Let us conclude with former Chief Justice S. N. Phukan's observation on 23rd July,
1997, "The High Court of Odisha was established on 26th July 1948 and the 50th year of
its foundation will commence from 26th July 1997. The Golden Jubilee Year will continue
to be celebrated up to 26th July, 1998. During this half century, this High Court has grown
from strength to strength. The Learned Judges of the High Court have not only
discharged their duties to the best of their ability and knowledge, without fear of favor,
affection or ill will, but have also contributed in a large measure to the legal jurisprudence
of the country. I am happy that people have great faith and confidence in this highest
court of the state".

Page | 50
References

Books:

1. F. G. Bailey, "Politics and Society in Contemporary Odisha" in Politics and Society in India (C. HPhillips, ed.) George Allen and Unwin Ltd., London. India
1998 "Justice and Law" Publication Division, Ministry 2.of Information and Broadcasting, Govt. of India, New Delhi, 1998. 3. M. N. Das (ed.) "Side lights on
History and Culture of Odisha"

Vidyapuri, Cuttack, 1997. 4. N. Mohanty "Oriya Nationalism", Concept, New Delhi.

5. P. N. Bhagawati "The Judicial System is on the verge of Collapse" Times of India, 12 Jan 1986. 6. Rajani Kothari "Politics in India" Orient longman, New
Delhi, 1970

Newspaper Article:

1. A. K. Panda "Fifty years of Odisha High Court" The Samaj,

26 July, 1997.

2. J.S Verma "Now for real representation" The Indian Express.

10 March 1998.

Page | 51
 Odisha under the President's Rule

The President's rule is imposed on a state under Art 356 of Indian Constitution. If
the President on the receipt of a report from a State Governor or "otherwise" is satisfied
that a situation has arisen in a State which amounts to break down of constitutional
government in a State, he can proclaim a state of emergency. It is also known as 'failure
or break down of constitutional machinery of the state. Such a proclamation shall be laid
down before both the Houses of the Parliament and shall be approved by them within two
months. If approved, it will continue for six months. It may be reviewed before the expiry
of six months. But the proclamation cannot remain in force for more than three years at
a stretch. By the 42nd Constitutional Amendment Act, 1976, the President's satisfaction
for the making of a proclamation under Art. 356 had been made immune from judicial
review; but the 44th Constitutional Amendment Act of 1978 has removed that fetter, so
that the Courts may now interfere if the proclamation is mala fide or the reasons
disclosed for making the proclamation have no reasonable relation with the satisfaction
of the President.

During the President's rule, the President carries on the administration of the state
by himself or through his agents. The legislative authority of the state shall be entrusted
in the hands of the Parliament. Even the financial legislation is also carried on by the
Parliament for the concerned state. After declarations of President's rule, the Governor
carries on this administration by the help of advisers appointed by the President. The
President may dissolve the legislative Assembly if there is no possibility of formation of
any government. If the Governor is satisfied that there is possibility of formation of a
government, he may keep this Assembly under animated suspension so that an
alternative government may be formed as early as possible. Frequency of the
proclamation of the state emergency under Article 356 has been increased due to the
increase of defection and factionalism in party politics. The first instance of such a
proclamation of this President's rule was in Punjab in the year 195 just a year after the
inception of the constitution of India. In Odisha, the president's rule has been clamped as
many as x time in the years 1961, 1971, 1973, 1976, 1977, 1980. After the experience of
repeated President's rule in 1970, the people of Odisha have exhibited the tremendous
sense of political maturity and they have voted either in favor of the Congress or in favor
of the Janata Dal and enabled to form a stable Govt. for this full term.

The Table Below Presents the Number and Time of The

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 President’s Rule in Odisha (1950-2000)

Serial no Date of Promulgation Date of Revocation

(1)

1. 25.02.2961 23.06.1961

2. 11.01.1971 03.04.1971

3. 03.03.1976 06.03.1974

4. 16.12.1976 29.12.1976

5. 30.04.1977 26.06.1977

6. 17.02.1980 09.06.1980

First President's rule:

In the General Election of 1956, no party could secure absolute majority. Dr. H. K.
Mahatab formed ministry with the support of the members of the Jharkhand Party and
Independent members. Dr. Mahtab remained in office by skillful manipulation of
parliamentary procedures. Wherever it faced a challenge, it got this Assembly adjourned
sine die. In May 1959 Dr. Mahtab resigned and the ministry was dismissed. The Congress-
Ganatantra parishad coalition ministry was established again under the leadership of Dr.
Mahtab in May 1959 at the instance of Indira Gandhi who was the then Congress
President. Soon after the formation of the Ministry, the Congress adopted the policy:
'Merge or Quit'. When the Parishad decided against the merger, the Congress withdrew
from coalition necessitating imposition of the President's rule. Dr. Mahtab resigned on
25th Feb. 1961. The President's rule was proclaimed on 25.2.61. The Legislative
Assembly was dissolved.

The Ganatantra Parishad committed a political blunder in joining this coalition for
which it had to pay a heavy price in the next election. The Mid-term election was held in
June 1961. Biju Pattanaik led Odisha Congress to a comfortable victory. The imposition
of the first President's rule brought this nasty party politics to an abrupt halt but it laid the
foundation of such possibilities for future. The proclamations remained in force for three
months and 27 days. Congress Party in the midterm poll came Victorious and Biju Patnaik
was sworn in as Chief Minister on 3rd June 1961.

Page | 53
The Second President's Rule:
Odisha came under the President's rule for the second time in 1971. In the general
election in 1967, the Congress Party in Odisha was miserably defeated. Out of 140 seats
of Odisha Assembly, the Congress bagged only 31, Swatantra 49 and Jana Congress 26
seats. No party was in absolute majority. The Swatantra and Jana Congress Parties
formed a coalition ministry under the chief minister ship of the Swatantra Party leader
R.N. Singhdeo. Pabitra Mohan Pradhan of the Jana Congress became the Deputy Chief
Minister. It was a Pre-election alliance.

Though the period between 1967-71 was known as the period of 'institutional
decay' and value decadence. In Odisha, this coalition of the Swatantra and Jana Congress
was formed on a sound footing and better pre-election understanding. Of all the Non-
Congress coalition ministries formed after this fourth General elections, this Odisha
Ministry was exemplary in its stability and durability. The leaders of both the coalition
parties observed the strict rules of constitutional propriety and mutual tolerance and
maturity. But the split of the Congress Party of 1969 had a damaging upon this coalition.
Some members of this Jana Congress wanted to join the Congress. It led to the internal
conflict between this coalition partners. Which resulted in the vertical split in this
coalition. Pabitra Mohan Pradhan and Surendranath Patnaik of the Jana Congress
tendered their resignations. The Singh Deo Ministry lost its majority. Sri Singh Deo who
had strong faith in Parliamentary democracy tendered his resignation on 9.1.1971. The
President's rule was proclaimed in Odisha on 11.1.1971 but the Assembly was kope
under suspended animation, in order to explore the possibility of Congress (R) return to
power with the support of the Jona Congress. PSP. CPI and others. As this scheme could
not materialise, this Assembly was dissolved on 23.1.71, on the recommendation Dr. S.S.
Ansari, the then Governor of Odisha. This proclamation was in effect for 2 months & 22
days. This second president's rule in Odisha by toppling the most co-alition model
available in the country was intended more to help the then congress party than to the
healthy political development. The naked practice of political horse trading became quite
evident exposing this immature but selfish mind of some of the Odishan leaders.

The Third President's Rule:

In April 1971, there was midterm poll. In that election too, no party could secure
absolute majority and that political situation was quite conducive to the worst game of
defection. The Swatantra, Jharkhand and Utkal Congress parties formed a United Front
Govt. after hectic political activities. Sri Biswanath Dash, the Ex-Prime Minister of pre-

Page | 54
independent Odisha and a nonmember of this Assembly was installed as the chief
minister of Odisha on 3.4.1971. In this Assembly, though the congress had 52 members
out of 140 seats, its leader Dr. Mahtab preferred not to form the Govt. and succeeded in
exposing the fallacies of the power hungry horse traders. The Biswanath Dash Ministry
survived till June 1972. A minister from this Swatantra party, Sri Gangadhar Pradhan and
nine others from Swatantra party deserted the party and joined the congress. The Utkal
congress party decided to join this congress party on 9th June 1972 and withdrew from
this United Front. Biswanath Das resigned from the Chief Ministership. The majority of
the Congress Party swelled to 94 with defectors. Smt. Nandini Satapathy, who was a
Congress member in the Raiya Sabha at this time was installed as the Chief Minister of
Odisha on 14.6.1972. However, she was elected to this Legislative Assembly in Nov.
1972.

A strong Iion to Nandini Satapathy was formed by Biju Pattanayak as he along with
his five supporters were not taken in this Congress Party presumably at behest of the
former. Mahatab also was very critical of Nandini Satapathy as his claim for this highest
executive post was relegated to the background because of Nandini Satapathy. Biju
Patnaik formed a new party called the Pragati Party. 25 members from the Congress
joined that party as a result of which the strength of this party rose from 47 to 72. The
Congress Party under Nandini Satapathy became a minority party. Hence, she resigned
and Patnaik staked his claim for Chief Ministership. But B.D. Jatti, the then Governor of
Odisha turned down that claim and recommended for the President’s rule expressing
doubt over the stability of that majority of Biju Patnaik. On 3rd March 1973, President’s
rule was proclaimed and this Assembly was dissolved even though Patnaik enjoyed
majority support in this Assembly. B.D. Jatti carried on the administration of this state
initially alone and later with the help of the advisors Sri J. Balachandran and Sri K.T.
Satarwalla. This was the third imposition of President’s rule after independence in
Odisha. It was done in-order to prevent the formation of Govt. by the defectors.

Midterm poll for the Assembly of Odisha was conducted in Feb. 1974 and but no party
could sense absolute majority. The Congress I under the leadership of Nandini Satapathy
could form the Ministry with the support of 7 C.P.I members on March 6, 1974. The
proclamation of this President’s rule was thus lifted.

The Fourth President’s Rule:

The fourth President's rule in Odisha was imposed on Dec. 16. 1976 due to
'incumbency crisis'. Though the Congress (R) had only 69 members in the Odisha
Assembly of 147, Nandini Satapathy had formed this Govt. with the help of seven member
Page | 55
CPI ally. However, the strength of her support swelled up to 84 with defection of 14 MLAs
from Lok Dal' (former Pragati Dal). During National Emergency proclamation of 1975 the
position of this congress ministry was invincible. But Nandini Satapathy who was close
to Indira Gandhi became critical of this domineering rule of her son Sri Sanjay Gandhi as
a result of which she incurred the displeasure of the Odisha Youth Congress. An anti-
Satapathy move was very much on cards with the Central manoeuvres under the
leadership of Janaki Ballav Patnaik, a minister in the Central Cabinet then. The emergency
of 1976 helped Nandini Satapathy to "smother her detractors in the party." However, she
was accused of confronting the centre and deviating from the national mainstream.
Eventually she had to resign on Dec. 16, 1976 and Odisha came under the President's rule
for the fourth time but this Assembly was kept under suspended animation. Sri Binayak
Acharya was chosen as the new leader of the Congress legislature party and on assuming
the office of the chief Minister on Dec., 29 1976, the President's rule was lifted. The then
Governor of Odisha Sri Siba Narayan Shankar managed the administration for 12 days
only.

The Fifth President's Rule:

The Sixth Lok Sabha Poll was held in March 1977 in which for the first time after
independence the Congress was dislodged from power at the Centre. The Janata Govt.
under the leadership of Morajee Desai was formed. The new regime started 'amidst many
hopes and expectations'. Immediately after this installation of the Janata Govt., a new
type of stress emerged due to sudden death of the President Fakruddin Ali Ahumad on
Feb. 11, 1977. As a new president was to be elected by Aug. 1977 and legislative picture
in the states weighed heavily in favor of the Congress, new strategy to dismantle the
Congress Govt. was devised. The Janata Govt. decided to conduct fresh polls in this nine
congress ruled states where the congress had suffered a defeat in the March Lok Sabha
Poll. The attempt of the acting President B.D. Jatti to foil its attempt through the Supreme
Court, proved unavailing due to latters, denial to interfere in political issues. Thus, on April
30, 1977, President's rule was imposed and the state legislatures in those nine states
including Odisha were dissolved even though there were strong congress majority Govts.
This imposition was a naked partisan interference and thus a bad constitutional
precedence by the Janata Govt. which treated the Parliamentary elections as a
referendum for the State Govts. since 1971 delinking the State polls from that of the
Centre insulating each one against the impact of the election of the other.

Thus for the fifth time, Odisha went under this President's rule under Art 356 even
though there was no breakdown of the legitimate constitutional machinery. Fresh
elections were held in early June 1977 and the Janata wave brought the Janata party to
Power in Odisha under the Chief Ministership of Nilamani Routray on 26.06.77. "This lone

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figure left out of Biju-Biren-Nilamani triumvirate of 1960s. This imposition of state
emergency lasted for 56 days.

The Sixth President's Rule:

The Janata experiment of 1977 ended prematurely due to 'internecine war'
among the Janata Constituents, the R.S.S factor and over ambition of undeserving
persons for the Prime Minister's Office. The Sixth Lok Sabha came to an end before two
and half years of completion of its tenure. Elections were held in January 1980, the
Congress (1) bagged comfortable majority of seats and Indira Gandhi assumed the office
of the Prime Minister. She followed the Janata precedent on Feb. 17, 1980. This nine
State Assemblies including Odisha's were dissolved and President's rules were imposed
in spite of the existence of majority Govt. in those States. There was no semblance of any
constitutional breakdown. The action of the Congress (1) Govt. at Centre towards the
states exhibited the pure vindictiveness of Indira Gandhi. The President's rule thus came
into force in Odisha for the Sixth time on Feb. 17, 1980. This President's rule continued
from Feb. 17, 1980 to June 9, 1980. In the election conducted on 31st May, 1980, the
Congress (1) bagged 121 out of 147 seats in the Assembly. Janaki Ballav Patnaik took
oath of office of Chief Minister of Odisha on 9th June 1980. Thus, the 6th President's rule
was revoked.

The above discussion reveals that the emergency provision under Article 356
which is meant to protect the states in exceptional situations of constitutional crisis, has
been widely misused in a most unfederal and undemocratic manner. The use of this
article on the breakdown of this constitutional machinery in states has been relegated to
the background. It is used exclusively to protect and safeguard the interest of the ruling
party at the centre. Through this provision of the constitution the autonomy of the states
has been reduced to a mockery. The unwanted Govts, are dethroned and the opposition
attempt or even the attempt of the dissidents to form the Govt. in states have been
repeatedly foiled with the help of this provision of the Constitution.

In Odisha, the total period of President's rule since it's working in 1936 is Five years
eight months and thirteen days. After independence, Odisha has come under the
President's rule six times totalling a period of two years one month and two days. The
frequency of such proclamation is more during the seventies and since then the people
and the parties of Odisha have exhibited tremendous sense of maturity and decisiveness

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as a result of which since 1981, there has been no occasion for this imposition of the
President's rule even though political crises are not altogether ruled out.

References:

1. B.C. Rout (ed.), Odisha Administration, Panchashila, Bhubaneswar, 1993. 2. Sunit Ghosh, Odisha in Turmoil, Sankha Prakashan,
Calcutta, March, 1978, p. 88.

3.F.G. Bailey, Politics and Social Changes in Odisha, University of California Press, 1963.

4. Amal Roy, Tension Areas in India's Federation, World Press, Calcutta, 1970. 5. Iqbal Narain, State Politics in India, Meenakshi
Prakashan,1976, p. 603.

6. Justice H.R. Khanna. Report of the Commission of Enquiry, 1968, p. 810. 7. A.P. Padhi (Ed.), Indian State Politics, B.R. Publishing
Corporation, Delhi, 1985.

8.B.B. Jena/J.K. Baral (Ed.), Government and Politics in Odisha,

Print House (India), Lucknow, 1988.

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 Odisha Administration at a Glance

According to Garner, the executive "is that branch of the government which
executes, enforces and carries out the state-will as expressed by the legislature,
constitution and the judicial decisions." The executive constitutes the most vital part of
government. Just as the State has three organs namely, the legislature, executive and
judiciary, the State executive has also branches like (a) the Governor and the Council of
Ministers, (b) the Secretariat and administrative departments, (c) Directorate, (d)
Regional Directorate/Divisions, (c) District Offices, (f) Sub-division offices, (g) Block and
Tahasil offices, (h) Village Level Worker and Revenue Inspector, etc.

The word "Secretariat" means the office of the secretary. The Secretary, being the
principal adviser to the Minister, needs an office and staff to assist him in performance
of his functions. After independence, the power of governance came into the hands of
the Ministers and thus the Ministers, not the Secretaries, became the final authority in the
field of administration. In the changing political and constitutional framework, the term
Secretariat has continued but its nature and complexion has undergone much changes.
Now it implies the office of the Ministers and Secretaries.

The Central Secretariat, located in New Delhi, is a model to all the State
Secretariats. The Central Secretariat was called as the Imperial Secretariat during the
British period and it was the counterpart of the White Hall of England. The Secretariat
organisation in India is, therefore, much indebted to that of the British organization. The
Secretariat is apex office of the government and it is said to be its "nerve centre". The
functions of the Secretariat are (i) policy making. (ii) framing rules and regulations, (iii)
exercising financial control, (iv) guiding and directing the field agencies, (v) co-ordination
of government policies among the various departments and (vi) assisting the Minister in
the discharge of their constitutional responsibilities.

Organisation and Function

The following table indicates the administrative structure in Odisha:

Secretariat → Directorate → Regional

Directorate\Division→ District Office→ Sub-Division Office

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→ Block\Tahsil Office→ Village Level Worker\Revenue
Inspector

The Secretariat is the principal executive organ of the State Government of

administering and co-ordinating the State subjects and the activities of the national
importance. Under the Odisha Government Rules and Business, a Minister heads a
Department at the Secretariat.

The Secretary, however, is free to give general or specific instruction for the types
of cases to be submitted to him directly He should keep himself fully informed of the
work of his department by demanding periodical reports. Describing the role of the
Secretary, Gopalswami Ayyangar has observed, "A Secretary should not be immersed in
files and bounded with routine. It is essential that he should have time to grasp the overall
picture, size up the problems facing government in the field allotted to his charge and
think and plan ahead. All these are his proper functions and must be efficiently
performed." Where the charge of the secretary is too large, he may be assisted by a Joint
or Additional Secretary who formally functions as the secretary in relation to the subject
allotted to him. The function of the latter is to relieve the Secretary of the heavy burden
and to deal, where necessary, directly with the Ministers. The Secretary, however, is to be
kept informed on the direct dealings with the Minister, as he is the head of the
department.

After becoming a separate province in 1936 Odisha had its own Secretariat at
Cuttack. As a result of the shifting of the Capital from Cuttack to Bhubaneswar, the
construction of the present Secretariat Building started from January, 1959 by late Govind
Ballav Panth, the then Union Minister for Home Affairs. The Government of India Act,
1935, made provision for a separate province of Odisha. Accordingly Odisha became a
separate province on the 1st April, 1936. After becoming a separate province, Odisha had
its own Secretariat which was modelled on the Secretariat of Bihar At the initial stage, it
had five departments. Till 1940 the Bihar and Odisha Secretariat Instructions were
followed in the Odisha Secretariat. The Odisha Secretariat instructions were for the first
time published in the year 1940 and that has been followed ever since in the Odisha
Secretariat with modifications.

During the Second World War, due to various reasons, no attempt could have been
made for the improvement of administration. This was the general state of affairs in all
States in India. After independence, attempts have been made to improve the Secretariat
Administration in Odisha. In 1956 the Organisation and Methods Divisions (O&M) was

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created in the Odisha Secretariat with a view to increase efficiency in the Secretariat
Departments as well as to avoid delay in the disposal of Government business. In 1959,
the treatise on "the Odisha Secretariat Instructions" has undergone a thorough revision.
The present volume of Odisha Secretariat instructions is a comprehensive one which has
incorporated, interalia, the detailed procedure of rules and regulations of various
departments and its officers, including the rules regarding the requirement and
promotion, conduct and discipline, budget procedures, supervision and inspection of
departmental offices and "Committee Procedures".

The organization of the Odisha Secretariat has been done under "the Rules and
Business" made under Article 166 of Constitution of India. With the expansion of the
governmental activities, the number of the Departments increased. In December, 1956,
when Dr. H.K. Mahatab returned from Bombay to Bhubaneswar after relinquishing his
governorship, following the Bombay system, he created the Department of Political and
Services. Reshuffling of Departments has taken place several times. In 1961 during the
Biju Patnaik ministry, the Development Department was divided into (1) Agriculture, (2)
Co-operation and (3) Forestry. The Political and Services Department was renamed as
the General Administration Department in June, 1980 The General Administration
Department has become central to the growth. formation and life of the various
Departments. It has taken the power of appointment from the Home Department. It deals
with all matters affecting the All India Services, family pension and all matters relating to
the State Service Commission.

Now situated in New Capital, Bhubaneswar, Odisha Secretariat contains almost all
the Departments of Government of Odisha having all grades of posts like the Chief
Secretary. Additional Chief Secretary, Secretary, Additional Secretary, Joint Secretary.
Deputy Secretary and Under Secretary. The post of Assistant Secretary was abolished in
1985.

Additional or Joint-Secretary is usually in charge of a wing with full authority to

dispose of business arising in his charge. A Deputy Secretary controls a division
comprising of Branches, cach of which may be in charge of an Under Secretary. If there
is a Registrar in the Department, then he is entrusted with the charge of the Joint issue
Section, Record Room and Library and any other routine matters. He also supervises the
work of the Section Officers and looks into the working of the Department. The Financial
Advisor, usually in the rank of Joint Secretary, oversees financial matters of the
department.

For speedy and efficient disposal of government business, each Department is

divided into sections or branches. A section or a branch generally consists of the Senior

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or Junior Assistants and Section Officer. According to the Pay Committee Report of 1961
there should be one Head Assistant for six Assistants. One Assistant is sanctioned on
the basis of 1,250 receipts per annum. The Head Assistants are now called as the Section
Officers. The Assistants are expected to deal with the duties of a routine and mechanical
nature. An Assistant, after going through a receipt, finds out file on the subject and
submits the file with a note to the Section Officer who scrutinises the notes of the
Assistant, adds his own remarks or suggestion if any and submits the case to the Under
Secretary. The Section Officer is really the keyman of the Department. He spends most
of his time in one Department and hence possesses a thorough knowledge about the
problems of the Department. Efficiency of the Department depends on the integrity,
experience and knowledge of the Section Officer. Case studies in Odisha Administration
show just right to the Section Officer's signature, the officer puts his signature without
any hesitation. He is therefore, the real key of government machinery.

The Under Secretary generally disposes of as many cases as possible on his own
responsibility. On cases of important nature, he takes instructions from the Deputy
Secretary. The Deputy Secretary is generally vested with some delegated powers and
disposes of certain types of cases himself. Cases outside his purview, are sent to the
Joint Secretary or Additional A Joint Secretary or an Additional Secretary consults the
Secretary on all important questions involving policy decisions. Papers submitted to the
Secretary are generally of crucial nature involving policy decisions. He, in turn, submits
more important cases to the Minister and whenever a case is submitted to the Minister,
a self-contained summary is put up for his perusal. The Minister finally uses his discretion
as to whether he will pass the order himself or refer the case to the Cabinet for decision.

The Ministers, as stated earlier, are generally lay men and politicians. They do not
know all the details of administration. They have no time to go through the details of
administration. They depend upon civil servants for necessary assistance. It is the duty
of the Secretaries to help the Ministers. If the Secretaries including the Chief Secretary
do not possess dynamic outlook, they cannot help their Ministers properly.

Secretariat Departments
According to necessity, the Government of Odisha has increased and sometimes
reduced the number of Departments from time to time. In 1995 there are 35 Departments
in the Odisha

Secretariat. The Janata Government under the leadership of Biju Pattanaik,

created five more new Departments in 1990. Irrigation and Power Department was made
two departments as (i) irrigation and (ii) energy. In place of the Community Development

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and Rural Reconstruction Department, two new Departments such as (1) Panchayati Raj
and (ii) Rural Development came into existence. The Department of Forest, Fisheries and
Animal Husbandry was split into two departments like (i) Forest and Environment, (ii)
Fisheries and Animal Resources Development. Further two new departments, namely, (i)
Public Grievances and Pension and (ii) Parliamentary Affairs have been created. The
name of the Mining and Geology Department was changed as the Department of Steel
and Mines. Let us discuss the departments in brief as on 01.01.04:

1) Agriculture

2) Commerce and Transport

3) Co-operation

4) Energy

5) Excise

6) Finance

7) Fisheries & Animal Resources Development

8) Food Supplies & Consumer Welfare

9) Forest & Environment

10) General Administration

11) Health & Family Welfare

12) Higher Education

13) Home

14) Housing & Urban Development

15) Industries

16) Information & Public Relations

17) Information Technology

18) Labour & Employment

19) Law

20) Minorities & Backward Classes Welfare

21) Parliamentary Affairs

22) Public Grievances & Pension Administration

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23) Public Enterprises

24) Panchayati Raj

25) Planning and Co-ordination

26) Revenue

27) Rural Development

28) School & Mass Education 29) Science & Technology

30) Sports & Youth Services

31) S.T. & S.C. Development32) Steel & Mines 33) Textiles and Handloom

34) Tourism and Culture

35) Water Resources

36) Women & Child Development

37) Works

Let us have a brief outline of these departments of Odisha:

(1) Agriculture - It deals with agriculture, horticulture including its research, experimental
demonstration, soil conservation, loans on the Odisha Intensive Cultivation Scheme, etc.

(2) Commerce and Transport - It deals with Shipping and Navigation, Ports, Government
Press, Inland Water Transport, Iron- Ore Transport and inter-state immigration, etc. It also
controls the inter-State commerce.

(3) Co-operation It is separated from agriculture department. It promotes co-operative

activities and controls all co- operative

(4) Energy-Being a separate department since 1990, it deals with production, distribution
regulation of electricity and Hirakud, Balimela, Tikarpara and other projects. It assumes
importance as foreign investments are coming in the power sector of Odisha.

(5) Excise - It is one of the revenue earning departments of the government. It was under
the revenue department. This department controls newly created Bevarage Corporation.
It regulates the licensing of the liquor shops of the state.(6) Finance It deals with all
financial matters, pay, allowances, audit, gratuity, budget, currency and coinage,
commercial taxes and interpretation of financial codes and other questions of financial
nature. It prepares the final budget of the State every year. It is regarded as the 'Queen of

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all departments' and its functions are so wide that practically it lubricates the entire
governmental machinery. It has assumed further importance in the days of Globalisation.

(7) Fisheries and Animal Resources - It deals with Production and Marketing of Fisheries,
Odisha Poulty Development Corporation is working under this dept. improvement of live
stock breeding, etc.

(8) Food, Supplies and Consumer Welfare - It is one of the post-war Departments which is
entrusted with control of food stuff, control over the essential commodities, procurement
and distribution of foodgrains, etc.

(9) Forest and Environment - It deals with forests, marketing of forest products and
conservation of environment. Odisha Forest Development Corporation is created to earn
more revenue from forest.

(10) General Administration The Political and Services Department was renamed as the
General Administration Department in June, 1980. The Political and Services Department
was first created in Odisha in 1956. This Department has now become 'central to the
growth, formation and life of the various Department'. It has taken the power of
appointment from the Home Department. It deals with all matters affecting the All India
Services, Capital Administration and all matters relating to the State Service Commission,
State Vigilance, etc. The Administrative Reform cell is also working under this
department. Usually the Chief Secretary heads this department.

(11) Health and Family Welfare - It deals with regulation of medical qualifications and
standards, hospitals, public health and sanitation and family planning and vital statistics
including registration of births and deaths, etc.

(12) Higher Education It deals with spread of higher education in the State, N.C.C., Loan,
stipend fund, student's excursion, etc. It controls private and government colleges.
universities and other institutions of higher learning of the State. Its directorate is now
headed by the Director of Higher Education.

(13) Home It deals with maintenance of public order, police, jail and reformatories, public
relation, passport and election. It deals with all confidential matters regarding the State
and its administration.

(14) Housing and Urban Development - It deals with urban water supply and drainage, slum
clearance, relief and rehabilitation of displaced persons and town planning and town

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improvement. It also looks after the management of urban local bodies like Corporation,
Municipality, N.A.C and Development Authorities like BDA, CDA, etc.

(15) Industries- It deals with large and medium industries, small-scale industries, Pilot
Project, State Purchasing Organisation, Khadi and Village Industries and various technical
education, etc. It has also controlled and managed the Board of Scientific and Industrial
Research.

(16) Information and Public Relation - This department was created by the then Janata
Government of the State in July 1976. It has to deal with public relations and publicity.
Previously it was a part of the Home Department. Odisha review; Utkal Prasang are
published by this department. This department acts as the spokesperson of the
Government and Coordinates various information centres of the districts. This
department needs modernisation in order to meet the web-challenges.

(17) Information Technology This department is created to meet the demands of Information
Technology. It is now creating jobs for Computer literates. Odisha Computer Application
Centre, Odisha State Electronics Development Corporation are working under this
department.

(18) Labour and Employment It deals with Labour Directorate, Inspection of Factories,
Employment Exchanges, Administration of Factories, Industrial Disputes, Employees
State Insurance Scheme and housing.

(19) Law-It deals with Odisha Judicial Service, Court fees, Court language, Judicial forms,
Revision of Odisha Acts and all legal matters including the drafting of all official bills and
ordinances in accordance with the memoranda approved by the Council of Ministers.

(20) Minorities and Backward classes Welfare - This department is created recently. The Odisha
State Commission for Backward Classes, Odisha Backward Classes Finance and
Development Co-operative Corporation Ltd. are functioning under this department. It
aims at translating social justice

(21) Parliamentary Affairs It is also a new department created to deal with increasing
legislative matters of the State. It coordinates the service matters of the staff of the
Ministers.

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(22) Public Grievances and Pension Administration - It is a new department created to
hear and redress public grievances and sanction pensions to the retired government
employees without delay.

(23) Public Enterprises - It is a newly created department which controls and regulates all
public undertakings in the State. It has to play a Critical role in the field of 'Disinvestment".

(24) Panchayati Raj - It deals with rural local-self government like Grama Panchayats and
Panchayat Samiti, Zilla Parishads, DRDAS etc. Orientation and training of Block
Development Officers, village level workers and other officials are also carried on by this
department. This department assumes greater importance in the context of 73rd
Amendment of the Constitution.

(25) Planning and Co-ordination - It deals with all matters connected with Five-Year Plans,
State Planning Board, Social Welfare Board, Directorate of Statistics and Economics, KBK
Programmes, Western Odisha Development Council, etc.

(26) Revenue It now deals with revenue administration, land revenue, land records and
survey, settlement and consolidation, flood and famine relief, service conditions and
advancement of deputy and sub-deputy Collectors, Publication of Gazetteers, water- rate
and cess, circuit house and dakbunglows, etc. It has taken initiative in reorganising
Tahasil administration. Odisha state Disaster Mitigation Authority is also working along
with this department in the relief operation and rehabilitation.

(27) Rural Development-It looks after rural roads, drinking water development and
reconstruction work, etc. at the village level. Budget allocation of this dept. is substantial.

(28) School and Mass Education This department was created after the bifurcation of the
education department during the Janata Government in 1992. It controls secondary,
primary and mass education. Primary Education Authority is working under this
department.

(29) Science and Technology It was created by J. B. Pattnaik's Ministry. It has to deal with
various problems of science and technology, and their development.

(30) Sports and Youth Services This Department comes into existence partly as a
bifurcation of the Education Department. It formulates policies for developing sports
facilities and programmes for improving youth potentiality of the State

(31) ST. and S.C. Development - This Department is created as the result of constitutional
obligation imposed on the State Government like Bihar, M.P. and Odisha towards the
tribal people and their development. This department was known as the Harijan and Tribal

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Welfare Department till 1994. This Department deals with removal of untouchability,
welfare of Scheduled Castes and Scheduled Tribes, welfare of all other backward classes
and all matters relating to Tribal Advisory council, etc..

(32) Steel and Mines It deals with geological survey, development of mineral resources
and administration of Odisha Mining Area Development. It also works along with Odisha
Mining Corporation. All mines of the State are controlled by this Department. This
department's contribution in earning foreign exchange is of great significance in the
context of new economic policy.

(33) Textile and Handloom It is created to promote and develop textile and handloom
industries. It is also attempting to improve the quality of sarees produced by the artisans
and marketing of these sarees and other dress materials. As Odisha is internationally
famous for Sarees of Sambalpur, Sonepur, Berhampur, Maniabandh, this department
needs extra care of the government.

(34) Tourism and Culture - Odisha is a land of paradise for the tourists. Hence this
independent department is created to promote tourism in the State. The Dept. of Culture
deals with archaeology, museum, archives, development of arts like dance, drama, music
and fine art, development of sports, youth services and other cultural schemes. Odisha
Sahitya Academy, Odisha Sangeet Natak Academy are included in this departmental
supervision.

(35) Water Resources - It deals with Irrigation, Flood Control, Embankment and Drainage,
Lift Irrigation, etc. Till 1992 it was known as Irrigation Department. 'Pani Panchayat'
Scheme is being implemented by this department. Budget allocation for this dept. is

(36) Women and Child Development - It is a newly created department intended to

promote all round development of women and children. It supervises ICDS Programme
in the State.

(37) Works - It deals with construction and maintenance of Roads and Buildings, State
Highway and Expressway projects. Big amount of the state budget is spent by this dept.

It is to be noted here that the Departments and its area of operation may change
from time to time. Government is also competent to introduce any change in the Odisha
Government Rules and Business. The Administrative Reforms Cell constituted recently
by the Govt. of Odisha has recommended the rationalisation of the Secretariat

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administration by limiting the Departments to minimum and streamlining the process of
decision making as far as possible.

The Chief Secretary

The office of the Chief Secretary is the key post in the Secretariat administration
and he is the most important Officer of the Secretariat organization. Besides acting as
the Secretary to the Cabinet and Secretary to the General Administration Department, he
is supervising the entire Secretariat organization. He usually co- ordinates the work of all
the Government Departments. He has power to ask on his own accord to see papers
relating to any case in any Department and any such request by him shall be complied
with by the Secretary of the Department concerned. He may after examination of the case,
submit it for the order of Minister in charge or of the Chief Minister through the Minister-
in-charge. He is, therefore, above the Secretaries of the Department. While the Ministers
are temporary bosses over the Secretaries, the Chief Secretary is a permanent boss over
them. He supervises the entire Secretariat administration.

The Chief Secretary, generally speaking, performs the following functions:

1. The Chief Secretary is the administrative head of the Secretariat and also the
head of civil services in the State. He is the chief administrator of the State and all
government servants look to him to deal with all problems concerning the nature and
conditions of their services and work. In fact, he provides leadership in the administrative
system of the State.

2. He is the principal adviser to the Chief Minister. As there is no Cabinet

Secretary as in the Central Secretariat, he acts as the Cabinet Secretary in the State. As
Secretary of Cabinet, he attends every meeting of the Cabinet and is entrusted with the
duty to record the minutes of the proceeding of the Cabinet meetings. He also
communicates the decisions of the Cabinet to all departments concerned. All files for
decisions of Cabinet must pass through him.

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 3. He exercises general supervision and control over the entire Secretariat
administration. He is more than 'primus-inter-pares' and in fact, he is the chief of all the
Secretaries. He is described as their 'mentor and conscience-keeper

. As the head of the civil service, he has the authority to make posting and transfer
etc. of government officers. Through him important government orders are
communicated to the other subordinate officers. The rules of the Secretariat provide that
the copies of all important communications received from the Government of India
including those from the Union Ministers shall, as soon as possible after receipt, be
submitted by the Secretary to the Chief Secretary, Minister-in-Charge, Chief Minister and
the Governor for information.

5. In times of emergency or crisis, he plays very important role. His role as the co-
ordinator in the crisis period is immensely helpful. It is provided that the copies of the
first report on communal riots and natural calamities, such as flood and earthquake and
all other events which have political and administrative importance. should go to the
Chief Secretary.

6. As the Chief Secretary, he has to preside over a large number of meetings and
committees and very important decisions are taken in those meetings and Committees.

7. He is in overall charge of the State administration. He has right to see any paper
or file of any department.

8. He is acting as the Chief Development Commissioner of the State. He has to

oversee the various developmental programmes executed by the state Government. He
is instrumental in framing policies concerning development and its execution.

According to the A.R.C. (Administrative ReformsCommission), it is the

responsibility of the Chief Secretary "to ensure that there are no deviations or
irregularities from the prescribed administrative standards and procedures and to
maintain high standard of conduct and integrity in the civil service." The post of the Chief
Secretary has been equated with that of the Secretary to the Government of India. By
virtue of his unique position as the head of the official machinery and adviser to the
Council of Ministers, the Chief Secretary has to play the pivotal role in the State
administration. It may be mentioned here that there is regular conferences of the Chief
Secretaries of States at New Delhi, convened at the instance of and presided over by the
Cabinet Secretary of the Central Government. This provides a forum where problems of
mutual interests of the Centre and the States are discussed. Hence the Chief Secretary
often acts as an administrative bridge between the Centre and the States.

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 The more carefully this office is studied, the more does its unique character
appear. We have also member, Board of Revenue having Chief-Secretary status to
streamline administration at the state level. There is also an Additional Chief Secretary in
Odisha to assist the Chief Secretary in his work.

Directorate Administration
In the hierarchy of administrative structure, the Directorate occupies an important
place. It is through the Directorate, State Government operates. It directs the
administration at the field on multifarious activities of Governance. Executive
departments under the leadership of Directors/Director Generals/Commissioners/
Conservators serve as the store house of expert information. About 50% of these posts
are acquired by the specialists or subject experts. Powers and responsibilities of these
Heads of Department are specified in the Civil Service Rules, Budget manual and other.
executive orders issued from time to time by the Government. In the words of Simon
Commission, the Head of the Department "is an administrative unit, separate from the
Secretariat, which reaches its apex usually in the single officer like the Inspector-General
of Police or the Chief Conservator of Forests outside the Secretariat altogether such a
head of department will usually be concerned principally with a single Secretary to
Government and a single Minister, for his orders and the funds which he has to spend."
The Directorate controls the field personnel and allocates grants.

Regional Directorate / Division

The State is geographically divided into a number of regions or revenue divisions
for smooth conduct of administration. Division links the Directorate with the districts.
Senior officers having required exposure are normally given the responsibility of heading
a division. The Regional Director and Revenue Divisional Commissioners provide
necessary advice to the district and subdivisional officers on important public policy
implementation.

The Revenue Divisional Commissioner

Odisha is divided into the following three Revenue Divisions which consists of thirty
districts.

1. Central Division (Headquarters at Cuttack): Cuttack, Puri, Balasore, Keonjhar,

Mayurbhanj, Khurda, Nayagarh, Bhadrak, Jajpur, Kendrapara and Jagatsinghpur.

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2. Northern Division (Headquarters at Sambalpur): Sambalpur, Sundergarh, Bolangir,
Dhenkanal, Angul, Bargarh, Nuapada, Subarnapur (Sonepur), Jharsuguda and Deogarh.

3. Southern Division (Headquarters at Berhampur): Ganjam, Kandhamal (Phulbani),

Kalahandi, Koraput, Gajpati, Raygada, Malkangiri, Nabarangpur and Boudh.

The Revenue Divisional Commissioner (RDC) is the head of the Revenue Division.
He is appointed by the State Government from time to time from among the senior
officers of the 1.A.S. cadre. He controls and supervises the district administration under
his jurisdiction. The Revenue Divisions are the units of regional administrative units
functioning below the State Secretariat and above. the districts. It is a link between the
State Secretariat which is controlling and the District administration which is known as
field organization. The office of the R.D.C. is a legacy of the British rule. Lord William
Bentinck, ex-Governor General of India, for the first time, created this office for the
convenience of revenue administration. The main functions of the R.D.C. are the
following:

1. Supervision and framing of rules for collection of revenues.

2. Supervision of maintenance of law and order.

3. Supervision of developmental work.

4. Supervision, control and co-ordination of the work of the District Officers.

5. Guidance and control of the District Officers.

6. Power to take appropriate steps to meet natural calamities.

7. Power to inspect public undertakings and prevent wastage. 8. Undertaking inspections

and tours in order to keep touch with the district administration.

9. Keeping acquaintance with the control over the local self- government like the
Municipalities and Panchayati Raj institutions.

The office of the R.D.C. is often criticised as unnecessary and superfluous. This
office is found in all the States except Tamilnadu, Andhra Pradesh, Kerala and Rajasthan.
These four States have taken measures to abolish it on the ground that the office is a

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superfluous and unnecessary one. Though the Divisional Commissioner enjoys wide
powers, yet he has no clear responsibility. It is time to review the necessity of this office
and abolish it, if it is found superfluous.

District Administration

The district is the most important unit of administration. Since the early days of
the British rule in India, the district has been continuing to be the principal unit of
administration. The post of the District Collector was first created by Warren Hastings,
the first Governor-General of India in 1772 subsequently developed by Lord Corn Walish
in 1793. A State in India is divided into Divisions which in its turn are split up into districts.
The Divisional Commissioner is in charge of Division which is composed of a number of
districts. Each district is in charge of a District Officer who is popularly known as the
District Magistrate or the District Collector. He occupies the key position in the district
administration.

According to S. S. Khera, district administration may be defined "as the total

function of government in the district." All offices like revenue administration, civil and
criminal justice, public health, education, police, jail, public works excise, etc. are centered
at the district headquarters. A district, therefore, is a complete administrative unit. A
district is further divided into sub-divisions and block/tahasils. The entire administration
is like a pyramid, each officer being under the control of another superior officer.

The aims and objectives of district administration are- (a) to maintain law and
order in the district, (b) to collect and assess a number of taxes, (c) to implement land
legislation, (d) to take up development work, (e) to ensure that justice shall be done and
that rule of law shall prevail, (f) to take immediate actions in case of natural calamity,
disaster, famine, etc. and (g) to exercise various other functions of government. District
administration is not much concerned with the formation of policy. It deals more with the
practical working of the policy of the government. Thus, it is seen that a district is
'keystone' of the whole administration. Here is again the combination of geographical
division with functional control which gives rise to the central problem of modern
government.

At the apex of the district administration stands the District officer who is known
as the District Collector and Magistrate. He is assisted by various officers like the
Superintendent of Police, the District and Sessions Judge, the Civil Surgeon, the Executive

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Engineer, etc. The Heads of Departments at district level are also situated in a district and
they are like the strings connecting the government with the people. All these "string of a
district are gathered together in the hands of the District Collector." We will shortly
examine the role of the District Collector in detail.

Odisha is divided into 3 Divisions, viz. the Northern Division, the Southern Division
and the Central Division. There were 13 districts in Odisha comprising those 3 Divisions.
In 1993 & 1994 the number of districts in Odisha was increased from 13 to 30. Seventeen
new districts created in 1993 and 1994 are Khurda, Nayagarh, Bhadrak, Jajpur,
Kendrapada, Jagatsinghpur, Gajpati, Raygada, Malkangirl, Nabarangpur, Subarnpur
(Sonepur), Bargarh, Nuapara, Angul, Boudh, Jharsuguda and Deogarh. All these districts
are rural districts. Odisha has neither purely urban districts like Calcutta nor industrial
district like Kanpur. An average area of a district in Odisha was 4,628 square miles. An
average area of a district in West Bengal is 2,121 square miles and it is 1,657 square miles
in Keral. In Odisha the area is large because when the Diwani was assumed, only purely
revenue functions were exercised in a larger area. According to 1981 Census the average
population of a district in Odisha is twenty lakhs. Due to pressure of the public, the
Government of Odisha had appointed the District Reorganisation Committee a few years
back and the Committee recommended to create some new districts. Biju Pattnaik
Government took a bold decision in 1993-94 to create seventeen more new districts,
thereby raising the number of districts from 13 to 30 vide Government of Odisha
Notification No.49137/R dt. 1.10.92, No. 14218/R dt 27.3.93. No. 56413/R dt. 22.12.93.
It is gigantic task and after reorganisation of districts administration can be at the door
step.

Units of district administration are: (i) The Judiciary, (ii) The Police, (iii) Revenue
administration including the S.D.O. and Tahasildar, (iv) Public Health, (V) District
Inspector of Schools, (vi) Public Relation Officer, (vii) organization and management of
Co-operative Societies, (viii) Officers of Local Bodies like the Executive Officer, B.D.O., (ix)
Works, (x) Water Resources, etc.

District Collector and Magistrate

The Chief officer of the district in Odisha is known as District Collector. He is also
known as District Magistrate. As Collector his primary concern is collection of land
revenue. As Magistrate he is concerned with maintenance of law and order in the district.
Ordinarily the District Collector is a member of the Indian Administrative Service (L.A.S.),
but senior and distinguished member of the Odisha Administrative Service (O.A.S.) are
also promoted to the rank of the J.A.S. and are posted as the District Collector. The
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District Collector is assisted by a large number of subordinate officers in charge of
manifold duties at the district level.

The powers and functions or duties of the District Collector may broadly divided
into five categories, viz. (1) Revenue, (2) Judicial, (3) Executive, (4) Development, (5)
Miscellaneous

As the Collector, he is responsible for the collection of revenue and hears appeals
in revenue cases against the decisions of the Tahsildars and Sub-Collectors. He is
responsible for the collection of sales tax, excise and other taxes. He issues licences to
sale of liquors and narcotic drugs and conduct Abkari sales. He is responsible for
preparation, maintenance and inspection of land records. He also remains in charge of
the district treasury. Thus the Collector's role as a fiscal officer is very important.

The district Collector is also the District Magistrate and as such he exercises the
judicial power of a first class Magistrate. He deals with appeals from the Magistrates
having second or third class powers in his district. Where the executive is not separated
from judiciary, he has tremendous judicial power. In that case, he not only supervises the
work of all magisterial courts but also controls the administration of criminal justice in
the district. Even where such separation is executed, the executive also enjoys such quasi
judicial functions like to prevent commission of offence, to disperse the unlawful
assembly, etc. The entire police in the district is put under his control and direction. All
police officers have to carry out his orders. The Collector is in charge of execution of law
and order in the district. In this capacity, as we have already discussed, he can call for
assistance of the police force of the district.

He has full control over the main office of the district known as the Collectorate
and the allied offices which have been placed in his charge like Civil Supplies, Land
Reforms, Consolidation, Settlement, Soldier's Welfare Board, Treasury, Employment
Exchange, etc. The departments of the district are also under general supervision This
executive function is otherwise known as departmental" function of the District Collector.

The District Collector keeps a strict eye on the development work of the district
carried on by various government and non- government organisations. He approves plans
and projects of all departments, controls their budget and co-ordinates their activities. In
modern time, his role as head of the district development administration, has assumed
greater importance. The District Collector supervises and controls in varying degrees the
working of local bodies in the district like Municipalities, Notified Area Councils,
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Panchayat Samitis and Gram Panchayats. He looks at the sanitation of the district,
supervises the working of jails, reformatories, lunatic asylums and poor houses in the
district. He inspects factories, co- operative societies and agricultural farms. He has
certain emergency duties. In case of natural calamities like flood, famine or outbreak of
epidemic, the collector takes all steps to prevent them. He also acts as the Census and
Returning Officer of the district

He acts not only as the chief officer but also as co-ordinating officer of the district.
It is the duty of the heads of various departments in the district to keep him informed of
whatever happens in their offices. He performs, as we have seen, varied duties and as
such he should be intelligent and active. Speaking on qualities of a District Collector, Blunt
said, "He should be a lawyer, an a financier, a ready-writer of State papers. He ought to
possess no mean knowledge of agriculture, political economy and engineering. Such an
officer must be endowed with no small varieties of human virtues of which sympathy,
candour, disinterestedness and right judgement are perhaps the most important. The
District Officer is a man and must regard all humanity as his kin. An efficient District
Collector is one who possesses all these qualities". According to Appleby, "He is
responsible for everything."

Thus upon the ability and personal character of the District Collector depends the
efficiency of the State Government. During the British rule he was the master of the
people. He was, in short like the Grand Mughal of the district. But with the dawn of
Independence, he has lost that feudal lordship. He is now a servant of the people. Where
previously he ordered, now he has to persuade and convince, where previously he
inspected and punished, now he has to lead and encourage. Nevertheless, he still
occupies a pivotal position in the administration.

Subdivisional Administration
Subdivisional officers normally belongs to the State Civil Service. They are the
territorial officers in the sub-division. As we have adopted decentralisation of power, the
sub-divisional officers expected to carry various functions of development schemes. The
Sub-Collector is a significant officer in the administrative hierarchy of the state. He is to
play an important role in matters of revenue collection, development, maintainance of law
and order. Office of the Sub-Collector also provides necessary training to the newly joined
1.A.S. officers of the State.

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Grassroot Administration
It may be mentioned here that reorganisation of the grassroot units of
administration was introduced with the advent of Community Development Programme
in 1952. Reports submitted by Balwantrai Mehta Committee in 1957 and Ashok Mchta
Committee in 1978 had remained the backbone of these local-self units. The 73rd and
74th Constitution Amendment Acts of 1993 evoked interest in the field of local politics
and administration. People took interest in casting votes and participating in the
grassroot administration. It is also evident that the Blocks and Tahasils are used for
translating the philosophy of Gram Swaraj and land management as discussed earlier.
The Blocks have become important institutions for self government. It has been
contributing significantly in the process of decentralisation at the grassroot level. The
Gram Panchayat at village level, the Panchayat Samiti at the Block level and the Zilla
Parishad at the district level, the Notified Area Council at small towns, the Municipalities
at the big towns and the Corporations at the Metro- cities are providing increased
opportunities for development of leadership at the local level.

It has been recognized that various welfare schemes sponsered by Central

Government and State Goverments are being implemented by these local institutions.

In the context of Administration, local self-government can make substantial

headway in the areas of development. Grassroot Administration recognises participatory
governance. L.D. White rightly observes, "The progress of transfer of administrative
authority from a lower to a higher level of government is called 'Centralization'; the
converse is 'decentralisation'." He futher mentions that the centralisation is 'embracing
both processes of deconcentration and devolution. The power of Headquarters is
decentralised to the field level or grassroot level for effective democratisation. Experts
like G.V.K. Rao, L.M. Singhvi, L.C. Jain suggested recently a system of field administration
with decentralised power structure at local level. Today, both the Union Government and
State Government are serious in giving grassroot administration its due recognition.

Block is the administrative unit at the grassroot level for the purpose of executing,
monitoring and overseeing the implemention of development programmes. Tahasil is the
basic unit at the local level for the purpose of revenue administration. Revenue Inspector
(R.I.) is working at the village level under the supervision of Tahasildars. The Village Level
Worker (VLW) is also working at the village level under the control of Block Development
Officer.

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 The objective of this system of local level administration is to strengthen
participation of people in the development process of the state. District Rural
Development Agency (DRDA) is acting as the guide to the Blocks and other field level
offices in the task of rural reconstruction. Review meetings are undertaken by the BDO,
Tahasildar, District Inspector of Schools, Circle Inspector of Police, Junior Engineer of
Block, Junior Engineer of Rural Water Supply, Junior Engineer of Agriculture, Officer I/C
of Primary Health Centre, Officer I/C of Veterinary Centres, Field Officers of Nationalised
and Rural Banks, Inspector of Cooperative Societies, Judicial Officer I/C of Civil and
Criminal Courts, etc. for providing support to the local people and facilitating to the local
development.

Corporation/Board/Authority Administration
There are various Corporations like Odisha Tourism Development Corporation,
Odisha Mining Corporation, Boards like Board of Revenue, Board of Secondary Education
and Authorities like Odisha State Disaster Mitigation Authority, Bhubaneswar
Development Authority, Co-operative organisations like OMFED, OIL ODISHA, OPELFED,
etc. operating along with usual departments for multifarious activities. There is freedom
in the working of these types of administrative bodies. They work in business like manner.
They constitute important factors in influencing the administrative system of the state.
The making-up of these organisations is recognized as the promoter of institutional
development. They ensure openness for organisational efficiency.

Constitutional Institution working in the state

In the administration of state affairs alongwith the departments, extensive use has
been made of constituonal authorities at the state level. The important public authorities
in Odisha are:

(1) State Public Service Commission

(2) State Election Commission

(3) State Finance Commission

(4) State Planning Board

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(5) State Commission for Human Rights (6) State Commission for Women

(7) State Commission for Backward Classes

(8) State Advocate General

(9) State Accountant and Auditor General, etc.

Odisha Public Service Commission

The Constitution of India provides for the creation of Public Service Commission
of Odisha in order to recruit civil servants for the state. It now consists of five members
including the Chairman. In 1979 the Government of Odisha has increased its strength
from 3 to 5 in order to meet its heavy work. There is a Secretary to assist the Commission.

The Chairman as well as other members of the Commission are appointed by the
Governor of Odisha. But as the position of the Governor is more or less nominal in the
State administration, appointments of the Chairman and other members are virtually
made by Odisha Cabinet. There is no specific qualification laid down for the members of
the Commission. However, according to constitutional provisions, at least one-half of the
members must be persons who held public services for at least 10 years under the
Government of Odisha or that of India.

The Chairman and members enjoy a six year tenure but retire at the age of 62, even
if they have not completed six years. During this period they may be removed from office
by the President of India. He can do so, if on reference to the Supreme Court of India, the
Court reports after enquiry that a member or Chairman of the Commission ought to be
removed. But pending such an enquiry, the Government of Odisha may suspend the
Chaman or a member. Further under certain circumstances, the President can remove a
member or the Chairman even without referring the matter to the Supreme Court.

Functions
The Odisha Public Service Commission conducts competitive examinations for
recruitment to services of the State Government. It recommends the names of suitable
candidates to the Government of Odisha for appointment to various cadres. However,
such recruitments made by the Commission are generally confined to gazetted posts of

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the Government of Odisha. However, the Government of Odisha is not bound to appoint
all persons recommended by the Commission. Such cases where deviations are made,
are reported by the Commission to the Odisha Legislative Assembly.

Further, the Government of Odisha is bound to consult the Commission-

(a) on matters relating to methods of recruitment to various State services,

(b) on principles involving promotions and transfers.

(c) on disciplinary matters involving the members of Civil Services.

The Odisha Public Service Co.amission submits an annual report to the Odisha
Legislative Assembly about the activities of the Commission.

The Odisha Public Service Commission (Limitation of Functions) Regulations,

1952 issued by the Home Department of the Government of Odisha provides that certain
posts will be outside the jurisdiction of the OPSC. The does not make reference to the
OPSC while filling up of the following posts –

(a) All posts and services to which appointment is made by autonomous authorities or
bodies other than the State Government of Odisha.

(b) Advocate General, Government Advocate and Government Pleaders, Secretariat Staff
of the Governor, staff of the Odisha Legislative Assembly, Private Secretaries of the Chief
Minister and Ministers, etc.

(c) Adhoc appointments for six months, transfer and Tribunal cases.

There are large number of staff including Secretary, Special Secretary, Assistant
Secretary, Office Superintendent, etc. in OPSC. All expenses of the Odisha Public Service
Commission are charged on the Consolidated Fund of the State.

The Commission has been created to avoid any corrupt practices in method of
recruitment to the civil services in Odisha. Hence, the Commission has been created as
a constitutional body. The mode of appointment and removal of members and the
Chairman has been made as per prescribed rules. The members have been
constitutionally debarred from further offices under the Government. These provisions
have enabled the Commission to function with impartiality. But cases have come to light
where the Government have flouted the recommendations of the Commission and have
appointed their own nominees. A number of appointments, under the Government have
been kept out of the purview of the Commission. These unhealthy developments tend to

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defeat the very purpose for which an impartial body like Odisha Public Service
Commission has been created.

Training
Training institutions like Gopabandhu Academy of Administration, Madhusudan
Das Institute of Accounts and Training, Co-operative Institute of Management, etc. are
the leading Training Centres for giving orientation course to the newly recruited state
service officers.

Responsive Administration
Experiences in the fifty years of administration in Odisha indicates that the
postures and actions of the Administrators is not free from centralization. But at the
same time excess dose of decentralization kills the spirit of uniformity and certainty.
Thus Odisha administration needs reorientation in order to give strong defence for
constitutional obligation of the state and social commitment of the millennium. In the
recent past, the Government and Non-Government organisations set up various
committees to work out administrative reforms and to make periodic assessments. With
the introduction of Five Year Plans, Panchayatiraj and other schemes, the administration
has, since taken the task of formulating and implementing National perspective of the
development at various levels. Administration is conceptualised with the august aim of
projecting the state as the friend of the citizens Therefore, the citizens' involvement in the
affairs of administration should be built in the system. In the opinion of L. D. White, "Power
in a democratic society requires control and greater the power, the more need for control."
People must be educated to take interest in the functioning of administrative structures.
Then only they can participate effectively to enforce bureaucratic accountability. The
administrators should come forward to respond to the views expressed by the citizens,
particularly the weaker section and women of the society. "Towards a New Public
Administration: The Minnowbrook Perspective" (Frank Marini, 1971) aims at realisation
of Social Justice. Accordingly, the administrators should have the capacity building
mechanism to allocate national services and civic benefits in a humane manner. From
"Introduction to the study of Public Administration" (L. D. White, 1926) to "The Enterprise
of Public Administration" (Dwight Waldo, 1980), Administrative organ has undergone a
significant transformation. The Administrators of the coming Millennium should try to
assimilate socio-economic and political tensions in to their working and convey new

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meaning of administrative performance. Its definition must multiply and unfold the
creative potential of the citizen.

Reference

Primary Sources

1. Govt. of Odisha Notification No. 49137/R dt. 1.10.92.

2. Govt. of Odisha Notification No. 14218/R dt. 27.3.93.

3. Govt. of Odisha Notification No. 56413/R dt.22.12.93.

4. Rules and Business, Govt. of Odisha, 1982. 5. Management Services Report on Organisational
Structure of

Secretariat Departments, Govt. of Odisha, October 1986.

Secondary Sources

1 Jain, R. B., 1976, "Contemporary Issues in Indian Administration" Delhi, Vishal Publication.

2. Singh, Hand Singh D. P., 1990 "Indian Administration" Jaipur, Aalekh Publishers. Trivedi, K. D.,
1987, "Perspectives in Development

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Administration" Delhi, Mittal Publications.

Journals

1. Indian Journal of Public Administration, Oct-Dec, 1986, 11PA, New Delhi.

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 The Opposition in Odisha Politics

There is a growing emphasis on the need to empower Opposition Political Parties

in a democratic system. The distinctive feature of our legislative practice is that it seeks
to make the opposition parties as the alternative power blocs. People's faith in the
opposition political parties is increasing day by day. The Indian. Parliamentary system
has made some provisions for safeguarding the status and working of the opposition in
the process of law making. The architects of our constitution also worked for the healthy
growth of democratic thinking. Hence the scholars in Political Science and
Administration have gained interest in the study and analysis of trend in opposition-
politics.

This article examines politics concerning opposition group formations since the
First General Election to the Legislative Assembly in Odisha. The contribution of
opposition alliances in the formation of power-blocs and presentation of alternative
power in the state at various points of time is not remarkable as observed. However, the
critical review of the Assembly debates and Newspaper-records during 1952-2003
indicates that the opposition leaders have tried their best in criticising the defects and
dysfunctions of the then Governments. But such criticisms have no constructive
projections. The opposition politics from 1952 to 2003 is examined from contextual,
structural and operational points of view in this paper.

Brief Survey:
The First Legislative Assembly (1952-57) of Odisha was constituted after first
general election held from 20th Dec. 1951 to 24th Jan. 1952 as per new Constitution of
India. Shradhakar Supakar of Ganatantra Parishad was declared as the Leader of the
opposition during this historic first Assembly of the State. The Ganatantra Parishad
secured 31 seats out of 140 seats in this First General Election. The Praja Socialist Party
and the Communist Party of India also played remarkably well during first Assembly
period. Congress Party formed the first Govt. after inauguration of the new constitution
under Nabakrishna Choudhury. Amalgamation of Oriya speaking tracts of Sarcikela-
Kharasuan was not successfully handled by the Nabakrishna Ministry. The opposition
politics started with this issue which is not yet solved even today. Further, the opposition
parties drew the attention of the public in painting out misdeeds of Congress Party both
at the Centre and the State.

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 In the Second Assembly (1957-61), Ganatantra Parishad improved its strength by
securing 51 seats. But its initiative to form a Non-Congress Government with the help of
11 membered P.S.P failed. Congress formed the Govt. with Dr. H.K. Mahtab as Chief
Minister. R.N. Singh Deo became the leader of the opposition party. But interestingly
Congress-Ganatantra Parishad coalition Ministry was formed on 22nd May 1959 to
overcome the then political crisis. Then P.S.P worked as the main opposition. Joining in
the ministry on the part of Ganatantra Parishad was not favourably viewed at that time.

In the Third Assembly (1961-67) Ganatantra Parishad suffered for its wrong step
on joining Mahatab's Coalition Ministry. The Congress Party under Biju Patnaik formed
the Government. R.N. Singh Deo of the Ganatantra Parishad became the leader of the
opposition. Dr. Mahatab's election from Angul parliamentary constituency and
Surendranath Dwibedy's re-election from Kendrapara Parliamentary Constituency in the
elections to the Lok Sabha in 1962 encouraged the opposition in the State. Ganatantra
Parishad decided to merge in Rajaji's Swatantra Party on 3rd March 1962. The Swatantra,
P.S.P and other opposition groups challenged the Biju Government on corruption ground.
Dr. Mahatab resigned from the Congress Party and initiated the formation of the Jana
Congress. The Jana Congress came into work on 5th May 1966 in order to oppose the
Congress corrupt practices in the State.

The election to the Fourth Assembly (1967-71) was conducted on 21st February
1967. The Swatantra-Jana Congress pre-election alignment got people's mandate in this
election. This alliance secured 75 seats in the Assembly. The Congress' success is
limited only to 31 seats. First Non-Congress Government was formed in Odisha after
Independence challenging congress hegemony. R.N. Singh Deo, the leader of the
Swatantra Party became the Chief Minister and Pabitra Mohan Pradhan, the leader of the
Jana Congress was inducted as the Deputy Chief Minister. Sadasiva Tripathy, the leader
of Congress Legislature Party was declared as the Leader of the opposition in this
Assembly. The result of 1967 Lok Sabha election and Vidhan Sabha elections weakened
the Congress Party. Thereafter opposition politics gained momentum. Biju Patnaik was
then out of the Congress Party. He formed Utkal Congress on 16th May 1970 to give a
fight against Indira Gandhi's Congress.

The election to Constitute Fifth Assembly (1971-73) was held on 5th March 1971.
The Swatantra Party got 36 seats and newly created Utkal Congress got 33 seats. The
Jana Congress failed miserably securing only one seat. The Swatantra, Utkal Congress
and Jharakhanda coalition assumed power under the leadership of Biswanath Das, (the
second Prime Minister of Odisha in Pre-Independence days). The Congress Party having
51 seats could not form the government. Dr. Mahatab was with the Congress then. Biju
Patnaik and R. N. Singh Deo promised to work together to make the second Non-

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Congress Ministry viable. Indira Gandhi's victory in 1971 General Election regained the
glory for the Congress. The Das Ministry was short-lived. The Congress formed the Govt.
with Smt. Nandini Satapathy as the Chief Minister on 14 June 1972 after engineering
defection from Swatantra and Utkal Congress. Then there was interesting turn in
opposition politics. Biju Patnaik, Dr. H. K. Mahatab, R. N. Singh Deo came closer for the
greater interest of the State and floated a new political platform namely 'Pragati Dal' on
28th Jan 1973. Biju Patnaik, then recognized as the Leader of opposition. Nandini
Ministry met the fate of Das Ministry on the same ground of defection. But instead of
inviting Biju Patnaik to form the government, the Governor recommended President's
rule..

Sixth Assembly (1974-77) was constituted on the result of 1974 midterm election
for 147 seats. The Swatantra gót 21 and the Utkal Congress got 35 seats. The Congress
party got 69 seats and formed the Government with the help of C.P.I having 7 members.
Biju Patnaik the leader of Pragati Dal (Swatantra, Utkal Congress and other Parties
combined) was declared as the leader of the opposition. The Swatantra, the Utkal
Congress and Sanjukta Socialist Party along with Kranti Dal in Uttar Pradesh formed a
new all-India Party namely Lok Dal on 10th Dec. 1974. This Lok Dal, Congress
(organization), the Socialist Party, the Jan Sangh merged in early 1977 in order to form
'Janata Dal' with the blessings from Jay Prakash Narayan and Acharya Kripalini. The
Congress for Democracy with Jagjivan Ram and H. N. Bahuguna also supported this
alliance. The Janata Dal came Victorious in 1977 Lok-Sabha election. The Alliance of Lok
Dal, Congress (O), the Socialist Party, the Jan Sangh mobilised people against Indira
Gandhi's anti- democratic policies and criticised internal emergency of 1975. Janata
Party was formed in Odisha Assembly on 31st march 1977 with Ram Prasad Mishra as
the Leader of the opposition.

The Seventh Assembly (1977-80) was constituted after the installation of first non-
congress government, at the centre. In the election to this Assembly which was held on
10th June 1977, the newly created Janata Dai secured a massive mandate to govern the
state. It got 110 seats out of 147 seats. The Congress Party got only 26 seats. Its leader
Chintamani Panigrahi was then the leader of the opposition. There was split in Janata Dal
at National level. The State branch of Janata Dal was also divided into two groups. The
ruling Janata Dal was named as the Lok Dal. The Janata (O) was recognized as the main
opposition by the speaker. The State was put under the President's Rule on 17th Feb.,
1980 after Indira Gandhi's coming back to the power in January 1980.

The Elections for the Eighth Assembly (1980-85) was condu- cted on 31st May
1980 and the Congress regained power by securing 117 seats. None of the opposition
parties got the requisite seats to constitute a recognized opposition inside the House.

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After some realignment, Sarat Deb, the leader of the Janata Legislature Party became the
leader of the opposition in this Assembly on 2nd April 1984:

The Ninth Assembly (1985-90) was constituted after the Election to the State
Legislative Assembly on 5th March 1985. The Janata Party got only 19 seats and the
newly created Bharatiya Janata Party (BJP) got only one seat. J. B. Patnaik, the Chief
Minister in the Previous Assembly period renamed as the leader of the majority party. The
Congress having 117 seats assumed power. The Janata Dal failed miserably in this
election. Its role-play as the leading opposition during 1980-85 was not satisfactory. The
opposition was a divided house then. The Congress got the sympathy vote after sad
killing of Indira Gandhi on 31 Oct., 1984.

The performance of Janata Dal in Tenth Assembly (1990- 95) election in 1990 was
quite satisfactory. It got 123 seats in this election to form the government. The Congress
secured only 10 seats. There was again a Non-Congress Government under the
leadership of V. P. Singh after 1989 Lok Sabha election. Biju Patnaik became the Chief
Minister of the State on 5th March 1990. None of the opposite parties secured requisite
number of seats, as a result of which in the tenth assembly there was no recognized
opposition party.

The Eleventh Assembly (1995-2000) was constituted after election to this House
on 7th and 9th Mach 1995. The ruling Janata Dal got only 46 seats and the Indian National
Congress got 80 seats. BJP got only 9 seats. J. B. Patnaik was sworn in as the Chief
Minister and Biju Patnaik was declared as the Leader of opposition. The creation of Biju
Janata Dal after the sad demise of Biju Patnaik during this Assembly period was a
milestone in the opposition politics of the state. Biju Janata Dal and Bharatiya Janata
Party worked together to defeat the Congress Government in the State.

The twelveth Assembly (2000-) was constituted on the result of elections to the
Assembly in Feb. 2000. Reconstruction and rehabilitation work after Super-Cyclone was
the main issue in this election. In this election Biju Janata Dal secured 68 seats, BJP got
38 seats. The Congress Party managed to get 26 seats. Shiri Naveen Patnaik was
unanimously elected as the leader of the BJD-BJP legislature party on the basis of Pre-
election understanding and on 5th March 2000 Shri Patnaik took the oath of office of the
Chief Minister of Odisha. Shri Bishwa Bhushan Harichandan, the leader of the BJP was
inducted as the Revenue Minister. Shri Ramakant Mishra became the leader of opposition
as declared.

Our political system recognises the role of opposition in strengthening democracy.

The opposition exercises powers drawn from the constitution and the conduct of
Business of the House. To be officially recognized, the opposition party should have

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secured at least one-tenth members out of the total strength of the legislative body.
Leader of the opposition party is given the status of a Cabinet Minister of the State. The
office of the Leader of the opposition is designed on that of the British practice of
legislative-executive relationship. Given Table indicates the name of the leaders of
opposition in Odisha Legislative Assembly since 1952.

Operational dynamics
An analysis on the role of opposition political parties in Odisha highlights these
points: Regional parties dominated the opposition politics in Odisha from 1952 to 1974.
The Ganatantra Parishad was the main opposition party in the fifties. This party was built
up around the rulers of the erstwhile princely states, the kings and the feudal lords in the
western part of Odisha. The Swatantra, the Jann Congress and the Utkal Congress
dominated the opposition alliance in the sixties and seventies. The Jana Congress was
formed on anti-Congress platform. The Chief architect of this party was Harckrishna
Mahtab, Banamali Patnaik, Surendernath Patanaik and Pabitramohan Pradhan. The Utkal
Congress was formed by Biju Patnaik and Nilamani Routary. This party was also
constituted on anti-congressism. Then there was the Pragati Dal under the leadership of
Biju Patnaik, Harekrishna Mahatab and R.N. Singh Deo in pre-emergency days.
Ganatantra Parishad was formed to oppose the Congress and leadership of Coastal
Odisha. The Jana Congress was constituted to oppose the Congress of Biju Patanaik and
Biren Mitra. The Utkal Congress was floated to oppose the Indira Congress. The Pragati
Dal also came into picture with a view to oppose the Congress of Indira Gandhi. During
1950-1974, opposition politics was characterised by horse-trading, floor crossing,
factionalism, opportunism and instability.

The period from 1977 to 2000, no doubt, was marked by some amount of political
stability in Odisha. It resulted in the numerical marginalisation of opposition parties in the
legislature. Hence the opposition was ignored at the level of policy formation of the state
during this period. The personality of Biju Patnaik and the organisational ability of J.B.
Patnaik were the rally-point of State Politics in these days.

The Janata experiment of 1977 was the outcome of Jay Prakash's initiative for
consolidation of opposition groups to present an alternative to the Congress both at the
National and State levels. This was a movement to restructure socio-political India. His
idea of total revolution was well-accepted by the people as indicated in 1977 General
Elections to the Lok Sabha and some State Assemblies. Odisha under the leadership of
Biju Patnaik was with the mainstream during J. P. revolution. Political heavyweights like
Surendernath Dwibedy, Bank Bihari Das, Rabi Ray, Samarendra Kundu, Kisan Patanaik, P.

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K. Deo etc. were with Jay Prakash Narayan in experimenting Janata Raj in Odisha. But
this Janata-Jet was crushed in the mid-air.

In the eighties and nineties, the opposition groups in Odisha revolving around Biju
Patnaik. He was a key player in installing V.P. Singh Government at the Centre. His
contribution was also substantial in the formation of Dev Gowda Cabinet. He died on 17th
April 1997.

After the sad demise of Biju Patnaik, his son Shri Naveen Patnaik was elected as
the Janata candidate from Aska Lok Sabha constituency. The 'Biju Janata Dal' (B.J.D)
was formed in early 1998 with Naveen as its President. After effective role-play as an
opposition party from 1998 to 2000, B.J.D came out victorious in 12th Assembly Election.
As pointed out earlier, coalition government of B.J.D-B.J.P combined assumed office.
This Govt. promised to provide a "transparent, responsive and responsible
administration." The State has seen in the past decade the rise of Bharatiya Janata Party
as the alternative to the Congress. The factors responsible for its popularity are its
integrated style of functioning, hardwork of its workers, the charisma of Atal Behari
Vajpayee, promise of strong Government, etc.

The appraisal of 'opposition while in office' in pursuing developmental schemes

and transparent administration is not upto satisfaction. The Common man and Rural
Odisha hardly find prominent place in their working.

A survey of the role orientation and political behaviour of opposition parties

reveals that in addition to regional parties like the Gantantra Parishad, Jana Congress,
Utkal Congress, Pragati Dal, the national parties like Congress, Praja Socialist Party,
Socialist Party, Communist Party, CPI (Marxist) Party, Swatantra Party, Bharatiya Lok Dal,
etc. have also shaped the course of Political process in Odisha. We do not have regional
party orientation like National Conference, Akali Dal, DMK, AIADMK, Telugu Desam,
Assam Gana Parishad. Regional parties in Odisha lack commitment, disciplined
workforce and aggressive mobilising spirit. It is pity that opposition parties have failed in
streamlining socio-economic movement and cultural regeneration in the State.

Though there may be differences amongst political scientists on the operational

dynamics of opposition parties in Odisha, these groups draw their authority primarily from
the leadership. The grass- roots workers of these parties are neglected in the decision-
making process of the party. They lack internal democracy. The opposition- house is a
divided one. Frequent walkouts, ugly exchange of words in the floor of the House on the
part of the leaders on flimsy grounds are the general features of opposition politics in
Odisha. Unprincipled alliances and enviable adjustments are pursued for sectarian

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interests. This kills the very spirit of democratisation and healthy competition in power-
sharing. The opposition must come forward with constructive projections.

References:

Books /Journals

1. Jena, B. B.-"Odis ha: Pe ople, Culture and Polity", Kalyani, New Delhi, 1 981.

2. Kothari, Raj ni-"Politics in India", Orie nt Longmans, New Del hi, 1970 .

3. Mohanty, Gyanara njan - "Odisha opposition party" (in Oriya ) in

Krantipath, July-Aug -Sept., 19 82.

4. Padhi, A. P. (ed. ) "I ndian State Politics", B. R. P ublishi ng

Corporation, New Del hi, 198 5.

Govt. Publi cation

5. Odis ha Review, March, 19 99 and Fe b.-Mar ch, 2 000, P ublis hed by Infor mation a nd P ublic Relations Deptt. Govt. of Odisha, BBS R.

6. (a) Rules of Pr oce dure and conduct of Busine ss in the Odis ha Le

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 Impact of Regional Politics :
Odisha Experiment

A significant feature of political process in recent days is the principal role

assigned to periphery in the centrestage of policy making. Political elites at the peripheral
level has taken initiative for the formation of National Government and has come up in a
big way to identify the thrust areas for nation building. Thus the role performance of
political leaders, groups and parties needs special mention A in the critical discussion on
power to the periphery. But regional political parties stand in opposite to the broad-based
national political parties. The agenda of regional parties are today limited towards
particular issues and problems having regional importance. It is proposed to discuss the
influence of regional parties upon national politics and their relevance in future in this
paper.

"Political Parties; their organization and activity in the Modern State" written by
Maurice Duverger indicated the evolution, structure and function of political parties.
Regional Political Parties come forward as a reaction against centralising tendency of the
national political parties as observed in the pages of Duverger. As the world is moving
towards pluralistic society, the cry for provincial autonomy is rising. This is a serious
challenge to the advocates of monolithic party structure. The vastness of the country,
diversity in language, culture and social order help in the growth of regional groups.
"Minorities, administrative decentralisation, local self government and autonomy, the cult
of homeland & earth and local patriotism" are said to be the features of regionalism as
discussed by Hedwig

Hintze in Encyclopedia of the social sciences." Present critical review relates to

the issues concerning political mechanism in Odisha in recent past with special reference
to regional political parties. The message of the verdict of the people in 1998, 1999, 2004
needs consideration in this context. This election in India is said to be the milestone in
Indian experiment with democracy. It draws the attention of the psephologists. The
Odishan lesson in this regard is stimulating. As the electoral outcome is expected to
shape the future political network of the province, examination of this trend will help in
understanding the federal system in its operational aspect. Myron Weiner rightly points
out: "An examination of the politics in the Indian State is long overdue. In a world in which
sovereignty bespeaks international recognition, the Indian States have gone in the main
unrecognised and unstudied "

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 Deep-seated economic ills and social injustice prompted the political workers to
form regional political parties. Historical considerations also play important role in the
formation and dissolution of regional parties, Caste, Language, religion, tribal and
backward identity provoked to launch regional movements and political groupings.
National conference in Jammu & Kashmir, Haryana Vikash Parishad in Haryana,
Himachal Vikash Parishad in Himachal Pradesh, Akali Dal in Punjab, Samata Party in
Bihar, Trinmul Congress in West Bengal, Assam Gona Parishad in Assam, Telugu Desam
in Andhra Pradesh, DMK and AIDMK in Tamilnadu, Lokshakti in Karnatak, Shiva Sena in
Maharasthra, etc. are examples of regional political parties operating in Indian politics
today. The weakness in our planning process and big-brotherly attitude of the Central
Govt. in solving grass root problems at the provincial level helped in demanding state
autonomy. Greater role on the part of the periphery is also demanded mainly as the
sporadic effort to share in the governance of the motherland. The real winners in this
centre- periphery game have been the interest groups having sectarian outlook. In the
process, national interest suffered. There is an attempt to derail the country. Various
shades of opinion and coalition politics became the order of the day. Controversial issues
are revived. Shifting of political control from monolithic party structure to the consensus
party structure seems healthy theoretically, but such shifting threatens the political
stability of the country. The 1977 Janata experiment under the leadership of Jayprakash
Narayan, 1989 Janata Front working under the stewardship of V. P. Singh. 1996 style of
Govt-formation under the chairmanship of Dev Gouda and 1. K. Gujral failed miserably at
the national level. But 1999-2004 experiment under the leadership of Vajpayee has
achieved limited success Coalition-partners were becoming the symbol of deadlock
instead of potential strength of the Govt. in the run-up. The 1967 experiments at the
provincial level in coalition-making also did not work up to expectation. The above
discussed experiments did give a chance to the regional political groupings to determine
the national direction. But the trends available reflect a sorry state of affairs. The regional
political parties had not capable of governing the country as observed. We have paid the
price for such dysfunctional behaviour of the political parties. Fragile social integration
was threatened in the course of such political experiments.

The political development in Odisha is also not satisfactory in making coalition

politics as an alternative to national party-politics. We had the Ganatantra Parishad in the
fifties and sixties, the Jan Congress in sixties and seventies, the Utkal Congress in
seventies in the field of electoral arithmetic by their substantial presence in the political
process of Odisha. Analysts have remarked that protest vote under their leadership had
unseated the Congress Govt in 1967 and in 1971. The 1977 and 1990 Govt. formations
in Odisha was due to the effectiveness of regional arrangement against the exploitation
of the centre. But electoral expectation did not materialise. The people of Odisha were

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marginalised by the then Central Govt. and regional political alignment gained power by
capitalising the grievances of the citizens as surveyed. The monopoly of the National
Parties particularly congress was limited to some extent but not neglected during these
days of coalition politics.

The efforts for integrity of the Oriya speaking tracts-along with freedom struggle
was an inspiring story. The year 1903 vas memorable as in this year Madhusudan Das
initiated Utkal Sammilany to unite oriya-speaking people under one administrative
umbrella The then Rajas, Maharajas and Zamindars came forward to streamline the
activities for the united Odisha. The role of "Utkal Dipika "Balasore Sambad Bahika", "Utkal
Darpan", "Sambalpur Haitesini", "Ganjam News", in cultivating the spirit of oriya
nationalism is significant. The long and persistent struggle with the active involvement
of Utkalmoni Gopabandhu, Maharaja Krishna Chandra Gajapati Narayan Dev, Maharaja
Sri Ramchandra Bhanj Dev, resulted in a half-way "separate province" in the year 1936.
The Government of India (constitution of Odisha) order 1936 was passed on 3rd march,
1936 giving birth to separate provincial status to Odisha. There were six district with an
area of 32,695 square miles and the population was 80,43,681 lakh. The National
Congress took part in the election to Odisha Assembly in 1937. This helped in
accelerating political activities of the state. Kishan Sabhas and Praja Mandals were
organized to mobilise the peasants and ordinary citizens against the ruling class.
Oppression of the Zamindars and Rajas was checked in course of political process in
these initial years of electoral politics.

Before analysing political-economy of Odisha, we have to locate physical Odisha

in the context of all India geography. After independence, states were rearranged mainly
on the basis of language m 1956 This helped in consolidating economic activities of the
region and integrating socio-cultural Indian centre with its periphery. But allocation of
benefits to less developed areas is becoming a tension point in recent days. Five year
plans tried to balance the regional imbalances but its performance is not up to
satisfaction. Although India is federal in structure, but the trend towards centralisation is
in its operation. Thus it is natural to have grievances at the peripheral areas of the country.
Sometimes it turned aggressive as we have seen in Jammu & Kashmir, Punjab, Assam
and Tamilnadu in recent past. In this backdrop, we have to study political and economic
profile of Odisha. As noted by Prof. B. N. Sinha the state of Odisha "has four distinct
physical regions such as (a) The coastal planes, (b) the Eastern Ghats (c) the Central High
land and (d) The Northern plateau. The coastal planes includes areas of Balasore,
Cuttack, Puri and Ganjam. The rivers like Baitarani, Mahanadi, Brahmani, Russikulya
contributed substantially for making it agriculturally rich region. The central High land
starts with Sambalpur and ends with Kalahandi. The river basin tracts of Sambalpur,
Bargarh, Nuapada, Sonepur, Bolangir, Kalahandi are included in this geographical
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category. The Northern plateau is chiefly rocky and forest region. Forest hills of
Mayurbhanj, Keonjher, Dhenkanal and Sundargarh areas and dense forest areas of
western Odisha are included in this Northern plateau region. Denuded hills, plateaus,
sharp ridges, mature valleys make Odisha an interesting region in the geographical map
of India.

Historically speaking, Odisha came under the British rule in 1803. This make
coastal Odisha developed in the field of irrigation, communication and education. After
the integration of princely states with Odisha (like Nilagiri, Patna etc.) in 1948 the pace of
development was transmitted to the high-land Odisha. As a result, most of the employees
of the Govt. of Odisha are usually from coastal belt. This is one of the causes of the
backwardness of highland Odisha. "Survey of Backward Districts of Odisha" rightly
indicates that such backwardness is characterised by low income levels, higher
dependence of population on poorly developed agriculture, large proportion of population
belonging to scheduled tribes, lack of urbanisation, inadequate infrastructure etc." With
the inauguration of planning in 1951, highland Odisha has come under industrial projects.
This part of Odisha is rich in mineral and forest resources. Industrialisation led to
urbanisation of the area. Still then the people of highland Odisha lacked socio-cultural
cohesion. Political activity of the state is concentrated in coastal Odisha. "The coastal
districts have consistently enjoyed the office of Chief Minister" as analysed by the
constitutional experts. The contribution of Christian missionaries in the spread of
education in the Southern and Western Odisha was limited. It is concluded from the above
accounts that there is regional imbalance in the state of Odisha. It has marked various
shape and size with the advent of competitive political process. "Odisha has not become
a well-integrated and homogeneous social or political unit." as opined by F. G. Bailey in
his article namely politics in Odisha, the feudatory state published in Economic Weekly,
dt 19.9.1959.

After the merger of princely states with Odisha the congress party tried to make
in-roads in to highland where princes were becoming potential political force. But this
effort on the part of congress leadership failed to seek the goodwill of the native rulers
of the Western Odisha. These rulers felt ignored by the then state leadership and
mobilised the hilly-people in their favor. Then they decided to form a regional platform to
ventilate their grievances in an effective manner. According to Prof. K. V. Rao, "these men
along with the prajamandal dissidents and anti-merger agitators came forward with a
plan to have a party of their own and invited R. N. Singh Deo, Maharaja of Bolangir-Patna
to take up its leadership." It was known as Koshala Utkala Praja Parishad in its initial days.
The party policy statement indicated that this party will act to preserve & protect
democratic thinking. The Ganatantra Parishad was, therefore a historical as well as
economic necessity for Odisha. Removal of regional imbalances was its primary aim.
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1952 was the first major test for this party in order to identify with the masses. L Feudal
and tribal elements found scope to rise under the banner of this party and inspiring
leadership of R. N. Singh Deo and P. K Deo. This party had also pocketed power and
status in 1957 election. Besides consolidating its position in Southern and Western
Odisha, it had grown as a major factor of politics in coastal districts. In 1958 May, the
congress and Ganatantra Parishad formed a coalition Govt. in the state under the
leadership of Dr. H. K. Mahtab as the Chief Minister and Mr. R. N. Singh Deo as the Deputy
Chief Minister. They remained in Govt. till 1961 Feb. Group rivalry in both Congress and
Ganatantra Parishad and ideological contradiction brought end to this coalition politics.
In 1961 election to the Odisha legislative Assembly, Ganatantra Parishad had not fared
well. Its alliance with the congress landed it in a poor set-up. After 1962 Lok Sabha
election Ganatantra Parishad merged in the Swatantra Party Thus there was an end to
the regional identity of Ganatantra Parishad. This merger was essential to strengthen the
hands of opposition to fight against congress monopoly at the centre. Major achievement
of this coalition was the Odisha Land Reforms Act, 1960, Odisha Panchayat Act. 1959
and welfare of S.T, S.C & other backward community.

The factional feuds within the congress had helped in the rise of regional parties
like Jan Congress. Although Congress got massive mandate in 1961 under the leadership
of Bijayananda Patnaik (Biju Patanaik), the disgruntled group within the party did not
allow Mr. Patanaik to continue for a longer period. Kamraj plan brought an end to his
Chief Ministership. Dissension in the party continued against Biju Patanaik and his
friends. Dissident party leaders leveled serious corruption charges and misuse of official
machineries for private benefit against the top leaders of the ruling party in the state.
Gradually they gained the support of most of the party legislatures and people in general.
They mobilised the party workers in favor of giving clean and strong administration. State
-level convention was organized on their behalf on 26 Nov. 1965. As a result of which, a
new political party at the state level namely dan congress came in to existence on the eve
of 1967 election. Leaders like Dr. HK Mahtab, Pabitra Mohan Pradhan, Surendra Patanaik,
Banamali Patanaik worked hard to streamline the anti-congressism in Odisha then. Their
objective as stated was to carry the people on Gandhian path. This party promised to
establish socialistic society through democratic means. Alliance with the Swatantra Party
was another major strategy adopted by this Jan Congress to fight Congress collectively.
Dr. Mahtab and Singh Deo were the brain behind such political alignment on the eve of
1967 election. "The parties will go to the polls in the 1967 general elections with the
positive offer of a clear cut alternative to congress government in the state (as stated in
"Odisha during 1967-68, Swatantra Party, Odisha unit BBSR.") Congress was defeated in
the election. The Swatantra and Jan Congress combine came to power in the state with
absolute majority. R. N. Singh Deo of Swatantra Party became the Chief Minister and Jan

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Congress joined the Govt. with P. M. Pradhan as the Deputy Chief Minister. This Govt.
started its work on 21 point minimum programme. This coalition worked well till 1970.
The administration during such period since 1967 was satisfactory. Justice Mudholkar
commission was instituted in 1967 to probe corruption charges against the Ministers of
different Govts from 1947 to 1961 period. Justice Mudholkar submitted his findings on
26 Sept., 1968. This report, the advent of Mrs. Indira Gandhi and her progressive policies,
resignation of Biju Patnaik from Congress created an atmosphere to review the
relationship of Jan Congress with Swatantra. Personal considerations of the top leaders
of the Jan Congress found place in this review than ideological policies. Most of the
leaders of Jan Congress desired to join Congress party under the leadership of Mrs.
Gandhi and withdrew their support from the Govt. led by Singh Deo. After exit of Dr.
Mahtab, Jan Congress participated in the elections in 1971 and 1974. But the
performance of the party in these two elections was miserable. This coalition was not a
patch work-coalition followed in Punjab, U.P, Bihar, West Bengal after 1967 election. This
Coalition had the mandate of the people and it was a pre-election strategy on the basis
of certain programmes to build new Odisha. Prof Amal Ray in his article "coalition
experience and party system in India, and Mr. S. K. Chatterjee's edited volume namely
Political Prospects in India; a post election enquiry (CIRS, Bangalore, 1971)" observed,"
this coalition was at least able to provide an orderly framework for decision making on
several controversial issues and avoid crisis on many occasions." This coalition also
formulated a code of conduct for its Ministerial colleagues. It had abolished land revenue
system with effect from 1st April 1967. Zilla Parishads were abolished and reorganisation
of Panchayatiraj was introduced in 1967) In fact, all the normal condition of political
stability in a parliamentary system were visibly there as reviewed by Prof. Monoranjan
Mohanty and Prof L. N. Mishra."

The course of political events after 1967 election in India and Odisha initiated the
process towards the birth of a new regional party called Utkal Congress'. Biju Patanaik
was the main player of this political game. It was a reaction against "shackles of naked
bossism by Congress High Command as stated by Patanaik. The corruption charges
against Patanaik, his support to N. Sanjiva Reddy as the presidential candidate, denial of
Rajya Sabha ticket to Patnaik by the Congress High Command in spite of decision in favor
of him by the provincial Congress committee compelled Biju Babu to resign from the
Congress party. Resentment in the Congress party against central leadership was not
properly looked into. This paved the way for disintegration of the Congress party in the
state. Utkal Congress came in to existence in May 1970 with a promise to prosper Odisha
and give an alternative Government. Utkal Congress fought elections to the Odisha
legislative Assembly and Lok Sabha in 1971. After the election Utkal Congress, Swatantra
and Jharkhand coalition secured power with Biswanath Da as the Chief Minister. This

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united front ministry collapsed in June 1972 due to inherent contradictions. Then
Congress Party formed the Govt. under the leadership of Smt. Nandini Satapathy after
the merger of Utkal Congress with National Congress. Odisha consolidation and
prevention of fragmentation Act was one of the substantial achievements of this
Swatantra-Utkal Congress united front Govt. It is interesting to mention that the decision
of the workers and leaders of Utkal Congress to revive the party in Jan 1973 brought
down Nandini Ministry. Then this Utkal Congress of Biju Patanaik, group led by Dr. Mahtab
and Swatantra led by R.N. Singh Deo fought 1974 election collectively against the
Congress and failed. This anti-congress group was known as Pragati Dalin Odisha
politics. After emergency this political group helped in the formation of Janata Dal under
the leadership of Jay Prakash Narayan and Acharya Kripalini. The National Parties
influenced the course of state politics from 1977 to 1997.

The 1998 election to the Lok Sabha brought significant changes in the political
scenario of the country. The Bharatiya Janata Party and its allies secured power at the
centre under the leadership of Sri Atal Bihari Vajpayee. They have formulated a 'National
Agenda' to guide in their day to day working. The rise of provincial level parties in shaping
national agenda after 1998 election reflects the consciousness among the people for
greater share for their region. This thinking was also experimented in 1999 election to the
Lok Sabha The national political scene is fast changing.

Pre-election alignment in Odisha is notable for study for better understanding of

centre-periphery political relationship in the nineties. The birth of Biju Janata Dal (BJD)
and rise of B.J.P. in Odisha are two important developments in recent days, Pre-poll
alliance between BJD and BJP consolidated its position in Odisha politics. The gain from
this election for Janata Dal, Communist Party, Marxist Party (CPM), Jharkhanda party
was not substantial. Congress's performance was also not inspiring. The legislatures and
party workers faced opposition from the Janata Dal in their desire to make alliance with
B.J.P in order to defeat Congress party. The dissident group formed the regional party
under the leadership of Naveen Patanaik, a prolific writer, ex- M.P. and son of Biju
Patanaik. This group was named after Biju Patanaik and promised to develop Odisha's
economy. To provide clean administration is also their objective as stated. This group's
alliance with BJP is the logical outcome of opposition politics in order to prevent split in
anti-congress vote in the state. People voted in favor of BJD to make Atalji as their Prime
Minister and to pursue clean administration as observed. The role played by BJD in
forming Central Govt under Mr. Vajpayee has strengthened its position. Mr. Naveen
Patnaik, the president of the party and Lok Sabha Member from Aska was inducted in the
cabinet and assigned the Ministry of steel and mines. In 2000 election to the Odisha
Assembly BJD-BJP combination came to power. After consolidating their political
network and by assuming the responsibility of Government, BJP-BJD combine paid
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attention to the welfare of the state of Odisha. Greater efficiency is expected from this
BJP led central Govt. Administration must be responsive to the needs of the citizens. The
Central Govt. is not giving importance to Odisha as expected. The Big player attitude of
this recently formed regional party is going to be tested in the coming days. Pluralisation
of political process is going to be the reality today. This needs a fresh look at the centre-
periphery relation.

With the changing political scenario, periphery can not be ignored in the field of
national policy-making. The leadership in both urban and rural stages is in a transitional
phase. The observation made by Prof. B.C. Rout in late sixties is still relevant for our
study. In village India as he reviewed "The emergence of a dynamic and responsible
leadership is very slow. Most of the leaders in rural areas belong to the dominant castes.
They do not possess sufficient outlook." The electoral process since independence has
transformed the political sector. There is money and muscle power in order to capture
vote bank. There is also an attempt to whip up emotions at local level on the basis of
caste, language and central attitude towards states. Regionalisation of National Polity is
very much in post-poll 1998 horizon. The political leadership at the national level finds it
difficult in order to carry the country on ideological line Accommodating regional political
forces would imply restricting the extension and consolidation of national political
streams at the peripheral levels. Hence crisis in the front of social and cultural integration
are to be solved in order to make India ideologically strong and economically powerful.
The message of Sri Aurobindo still holds good. According to him, "Hindu-Mohammedan
unity can not be effected by political adjustment.... it must be sought deeper down, in the
heart and in the mind, for where the causes of disunion are, there remedies must be
sought.... we should remember that love compels love and that strength conciliates
strength."

Both National Congress and Bharatiya Janata Party are in deep crisis. It is widely
accepted that the Congress and other National Parties like Janata and Communists have
to concentrate on ground work before jumping forward.

Thus, new arrangement of centre-periphery relations is open to discussion after

2003 State Legisalative Assembly elections to Rajasthan, Delhi, Madhya Pradesh,
Chhatisgarh and Mizoram. The federation of regional political parties is the national
necessity today. Nehru's design of 'objective Resolution of 1946 also advocated the
pattern of centre-state relation with an emphasis on decentralised power system. Thus
federalism implies democratic functioning of national institution downwards in every
national work. The recommendation of the Sarkaria commission should be followed in
the critical areas like appointment of Governors, use of Article 356, grants-in-aid policy
etc. in order to strengthen peripheral network within the parameters of Indian

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constitution. This '2004 election process and after' generates the demand for good
governance at the central, state and district levels. The thrust for National Agenda or
Common minimum programme is in favor of socio-economic transformation at the
peripheral level but not at the cost of Pan- Indian cultural framework. Regional political
parties count much in nation-making in the changing political process of the country.
They should extend their area of activity and influence the national plans and
programmes in the greater interest of the people. Parties must operate to assert freedom
and development. It is hoped that this changing centre-periphery relation will lead to
emergence of various interesting innovations in India's political landscape.

References:

Hedwig Hintze (1924), Encyclopaedia of the Social Sciences (Vol. XIII, PP-208-218) in Macmillan,
New York.B. N. Sinha (1971), Geography of Odisha (P 141-158) National Book Trust, New Delhi.

New Delhi.

4. F. G. Bailey (1959), Politics in Odisha, in Economic Weekly dt. 19.9.1959.5. 6. Ganatantra

Parishad (1956), Election Manifesto, Odisha. Amal Ray (1971), Coalition experience and Party
System i

India,in Political Prospects in India, CIRS, Bangalore. 7.Manoranjan Mohanty and L.. N. Mishra
(1967), Odisha: Politics of Political stagnation in Iqbal Narain (ed) State Politics in India, (P-255),
Meenakshi Prakashan, Meerut.B. C. Rout (1967), Rural leadership problems in Kurukshetra, Govt.
of India New Delhi, Feb.

9. A.P.J. Abdul Kalam (1998), India 2020, A vision for the new

Millennium, Penguin Books India (P) Ltd., New Delhi. 10. Ministry of 1& B, Govt. of India (2004),
India 2004: A

Reference Annual :

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 Local Self Government in Odisha:
Emerging Scenario

India being a country of villages true meaning of democracy cannot be achieved

unless the power is shared and exercised by the people. Democratic government,
according to Abraham Lincoln is the government of the people, by the people and for the
people. With the proliferation of state activities in recent times, the government is now
tending towards centralisation. Thus now-a- days, there is the need for democratic
decentralisation or development of participatory democracy.

The soul of India is to be found in villages, said Mahatma Gandhi. In fact, India is
a country of villages. As per the 2001 census, about 3,12,10,692 people live in rural area
in our state of as Odisha. In the task of economic regeneration and social th
transformation of our nation, government action will have to be supplemented by people's
efforts. The active participation of the people is the prerequisite for socio-economic
progress. Ultimately the people will have to assume the responsibility of building the
nation. To make the people assume responsibility for building the it is necessary that
people should be given power. To achieve this objective, there should be decentralisation
of power. Decentralised power will lead to the establishment of regional and local
governments, which facilitate local developments. Benefits of development must reach
the rural areas. In fact, local development will check the migration of rural people to urban
areas and it will lead to the reduction in rural-urban disparities. Thus rural local
government is a necessity for democratic decentralisation.

By local administration, we mean the management or administration of the local

areas or units by local representatives. De Tocqueville rightly points out "The local
assemblies of citizens institute the strength of free nations. Town meetings are to liberty
what primary schools are to science, they bring it within the people's reach. They teach
men how to use and how to enjoy it. A nation may establish a system of free government,
but without the spirit of municipal institutions, it cannot have the spirit of liberty."

Further in modern states due to the much proliferation in the activities of the state
and central government, the need of local administration has become a reality. In fact,
democracy can only be effective, when the administration of local areas is run by focal
representatives Local administration in true sense refers to rural local self government.
It is focused on the theme that, all problems are not central problems and that the result

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of problems not central in their incidence, require decision at the place and by persons,
where and by when the incidence is most deeply felt."

The role of rural local government has been of immense importance and is
honoured by all. Due to the growing complexities of the modern states, its manifold
activities has made it impossible to function as a single governmental organization.
Hence the smaller units of administration known as rural local government are created
to deal with the management of local affairs generally by the representation of the local
people.

Historical Background:

The history of local government in India has a rich past. Its dvolution can be traced
back to the vedic times. Modern local self government was introduced in India for the
first time in the year 1882. The brain behind such foundation is Lord Ripon. He took the
initiative for systematic and fruitful introduction of local self government. He stood for
fullest possible liberty of action. In a memorandum to the secretary of state dated
December 25,1882, Ripon suggested to train the Indians in the art of self-government in
order to give them political education. The resolution initiated by him is regarded as" the
Magna Carta of local self-government." The decentralisation commission of 1907
Resolution of 1918, Govt. of India Act of 1919 and Govt. of India Act of 1935 contributed
a lot in giving a basic framework for these august institutions,

Mahatma Gandhi was also a staunch advocate of rural local government. During
his historic non-cooperation movement against the British rule in 1920, he put emphasis
on a constructive programme for promoting the material and moral welfare of the rural
India. To him, every village would be a republic and its panchayat should have full power
for its welfare. This is popularly known as Ram Rajya of Gandhi our National father. This
is based on the revival of village panchayats and introduction of democratic
decentralisation through a devolution of power."

"In the true democracy of India," Gandhiji wrote "the unit was village, even if one
village wanted Panchayatiraj which was called republic in English, no one could stop it.
True democracy could not be worked by twenty-men sitting at the centre. It had to be
worked from below by the people of every village," In fact, Panchayatiraj as a system of
governance has got cbbs and flows in Indian polity ever since India attained
independence. To bring development in the rural areas Panchayatiraj system was
introduced as a suitable, vibrating and viable unit of developmental administration.

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 Article 40 of the constitution of India in the chapter on Directive Principles of State
Policy(DPSP) indicates the composition and function of panchayat as the unit of rural
local self government The Constitutional provision lays down as follows:

"The state shall take steps to organise village panchayats and endow them with
such powers and authority as, may be necessary to enable them to function as units of
self-government

The Panchayatiraj in its present structure is basically designed as per the

suggestion given by Mehta Committee constituted to examine the Community
development programmband extension workintroduced by the Central Govt. This report
of 1957 is of the opinion:

"We will never be able to evoke local interest and excite local initiative in the field
of development unless we create representative and democratic institutions and invest
them with adequate power and appropriate finances".

This committee has revolutionized the system of rural local self government in
India. Rajasthan is the first province which introduced this Mehta scheme of democratic
decentralisation on 2nd October of 1959 ajour)

As discussed, local self government is divided into two categories, such as:-

i.Urban local self government, and

ii.Rural local self government.

Rural local self government is popularly known as Panchayatiraj in India.

Panchayatiraj system as we have worked out is indicated in the following diagram:

ZILLA PARISHAD

ꜜꜜꜜ

PANCHAYAT SAMITI

ꜜꜜꜜ

GRAM PANCHAYAT

This rural set up includes gram panchayat at the base level (or village level),
panchayat samiti at the middle level (or block level) and Zilla Parishad at the top level (or

Page | 102
district level). Almost all the states in India adopt this pattern of Panchaytiraj scheme for
rural government.

New dimension : 73rd Amendment :

The seventy-third Amendment Act, 1993 of the constitution of India is regarded as
the epoch-making event in the structure and function of Panchaytiraj system. The
features of this Act are mainly:-

i) The gram (or village) will be a body comprising of all the adult members registered
as voters in the panchayat area,

ii) There shall be three tier system of panchayats at village, intermediate and district
levels

iii) Seats in panchayats at all-the three levels shall be filled by direct election.

iv) In all the panchayats, seats would be reserved for S.C.and ST communities in
proportion to their population and one third of the total number of seats shall be
reserved for women,

v) every panchayat shall have a uniform five-year term and in the event of dissolution,
elections will be compulsorily held within six months,

vi) Independent Election commission will be established in the state for

superintendence, direction and control of elections and preparation of the electoral
rolls,

vii) Specific responsibilities will be entrusted to the panchayats to prepare plans

for economic development and social justice in respect of matters listed in the
Eleventh schedule,

viii) In each state a Finance commission will be established within one year from the
passage of this Act and then after every five years to determine the principles on
the basis of which adequate financial resources would be ensured for the panchayats.

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 This constitutional amendment strengthens panchayats by giving them more
power, function and obligation. Article 243G of the constitution indicates the law
conferring power, authority and responsibilities on the panchayats necessary for them to
function as agencies of self-rule. Thus, grassroot democracy seems to have come into
operation with the 73rd constitutional Amendment Act.

The Constitution Seventy-third Amendment Act, 1993:

The Constitution Seventy-third Amendment Act, 1993 can be described as an

epoch-making event in the history of democratic decentralisation in the country. The Lok
Sabha passed the Bill on 22nd December, 1992 and the Rajya Sabha passed this Bill on
the following day. After ratification by legislators of more than half of the States, the
President gave his assent to this Bill on 20th April, 1993. The following are the main
features of the Seventy-third Amendment Act, 1993: (1) The Gramsabha will be a body
comprising of all the adult members registered as voters in the Panchayat area, (ii) There
shall be three-tier system of Panchayats at village. intermediate and district levels, (iii)
Seats in Panchayats at all the three levels shall be filled by direct election, (iv) In all the
Panchayats, seats would be reserved for S.Cs. & S.Ts. in proportion to their population
and one-third of the total number of seats will be reserved for women, (v) Every Panchayat
shall have a uniform five-year term and in the event of dissolution, elections will be
compulsorily held within six months, (vi) Independent Election Commission will be
established in the State for superintendence, direction and control of elections and
preparation of the electoral rolls, (vii) Specific responsibilities will be entrusted to the
Panchayats to prepare plans for economic development and social justice in respect of
matters listed in the Eleventh Schedule. After the 10th Schedule to the Constitution, the
11th Schedule is added, which enjoins rural bodies to perform 29 functions. (viii) In each
State, a Finance Commission will be established within one year from the passage of this
act and then after every five years to determine the principles on the basis of which
adequate financial resources would be ensured for the Panchayats.

The fact that the panchayati Raj system was not working well prompted the
Government of India to pass the 73rd Constitutional Amendment Act. It gave
constitutional status to the panchayats and vested them with more powers, functions

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and responsibilities. Article 243 G of the Constitution provides that the State Legislatures
may by law confer on the Panchayats the powers, authority and responsibilities
necessary for them to function as institutions of self-government, The responsibilities of
the Panchayats cover preparing plans for economic development and social justice,
implementing these plans and control over certain matters listed in the Eleventh Schedule
which contains 29 (twenty nine) items such as land improvement, minor irrigation, animal
husbandry, fishery, education, women and child development. The powers of local bodies
are to be delegated by the State Legislature and hence the leventh Schedule envisages a
distribution of powers between the State Legislature and the Panchayats. Thus, the true
spirit of grassroots democracy seems to have come into operation with the 73rd
Constitutional Amendment Act.

The Seventy-fourth Constitutional Amendment Act 1993

The 74th Constitutional Amendment Act, 1993 is popularly known as the
Nagarpalika Act It added Article 243P to 243ZG and the Twelfth Schedule in the
Constitution. It provided the model on the basis of which the Nagarpalikas i.c. Notified
Arca Councils, Municipalities and Corporations would function throughout the country. It
contained the following main features which the State Governments have already
implemented by passing necessary legislation.

(i) Members of Municipalities or all types of urban local bodics are to be directly
elected. The Chairman or the Chairperson is to be elected in the manner provided by
the State Legislature.

(ii) Every Municipality shall continue for 5(five) years from the date of its first meeting.
It may be dissolved or superseded earlier but an election must take place within six
months of the dissolution or supersession.

(iii) Reservations of seats will be made for the S.C., S.T., OBC (Other Backward
Classes) and women. Out of total number of seats filled up by direct elections, atleast
one-third would be reserved for women and this includes the quota for women
belonging to the SC/ST.

(iv) Each State will appoint a State Finance Commission which will review the financial
position of the Municipalities and the Panchayats.

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(v) The State Election Commission shall be appointed by each State to direct,
supervise, superintend, control and conduct all elections to the Municipalities (and the
Panchayats) including the preparation of electoral rolls

(vi) There shall be District Planning Committed to review the plans prepared by the
Municipalities and the Panchayats and prepare draft development plan for the
district as a whole.

KINDS OF LOCAL SELF-GOVERNMENT IN ODISHA

Local self-governments are divided into two kinds, namely (1) Urban, and (2) Rural.
In urban areas/there are Corporations, Municipalities, Cantonment Boards, Improvement
Trust, Notified Area Councils, etc. In rural areas, after the recommendation of the
Balavantaray Mehta Committee, the Panchayati Raj has been introduced.

Urban Local Government in Odisha - Municipal Corporations, Municipalities

and N.A.Cs.:
Odisha is the least urbanised State in India. The State of Odisha comprises 30
districts with a geographical area of 1,55,707 Sq. Kms., out of which the area under
Corporations, Municipalities and N.A.Cs. constitute an area of 2219 Sq. Kms. which
account for 1.4 per cent of the total area. In Odisha we have Municipal Corporations,
Municipalities and Notified Area Councils in urban and semi-urban areas whose
Chairmen are indirectly elected. Now there are 2 Municipal Corporations. 30
Municipalities for urban areas and 70 Notified Area Councils for semi-urban areas. The
N.A.Cs. are generally constituted for places smaller than town areas But bigger than
villages. i.c. places with a population of more than 15.000 but less than 10,000] An N.A.C.
often consists generally of Tess than half a dozen members. In all other respects, an
N.A.C is identical with a Municipality, Angul, Talcher, Chhatrapur, etc have N.A.Cs. The
only difference between Municipality and N.A.Cis their size.

CORPORATIONS

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 The Corporation is the highest type of urban local government. It is found in most
of the big cities in our country. A Corporation is a much larger body than any other local
government body. It is also ecqually important in comparison to other local governing
bodies. Its Chairman is called the Mayor. A Deputy Mayor is also elected from among the
Councillors of the Corporation. The Chief Executive Officer of the Corporation is known
as the Municipal Commissioner. The Municipal Commissioners are members of the
Indian Administrative Service who are appointed by the government in most cities and by
the Corporation with the approval of the government in some cities. Deputy
Commissioner, Chief Engineer, Secretary and other high officials of the Corporation are
appointed by the Corporation itself. The Councillors are elected generally for a term of
five years. The Councillors at its first meeting elect one of its members as the Mayor who
presides over the nectings of the Corporation. They also elect the Deputy Mayor, where
there is provision for such post.

The Corporations were originally set up by special Acts of the British Parliament,
but today they are governed by the 74th Constitutional Amendment Act and the Acts of
the State legislatures. The Corporations perform functions similar to those performed by
the Municipalities but they enjoy comparatively much wider powers. The State
Government's control over them is also minimum. The Corporations can borrow money
directly from the public against the issue of their stock and securities. Thus, their status
is higher and scope is wider than those of the Municipalities.

Functions:
The functions of the Corporations and Municipalities are more or less identical.
Both are responsible for good city life and exercise general supervision over their
respective urban areas. The Corporation Council is the highest policy formulating body.
It passes bye-laws for the good government of the Corporation and exercises powers of
general supervision. It controls the budget of the Corporation The Corporation has both
obligatory and optional functions. The obligatory functions are public health, water
supply, hospitals, market, slaughter house, lighting the street, roads and buildings,
primary education, prevention of dangerous diseases, control of offensive or dangerous
trades, registration of births and deaths and maintenance of municipal offices and other
properties vested in the Corporation. The optional functions are establishment of
libraries, museum, art galleries, public parks, gardens, recreation grounds, fire brigade,
rest houses, orphan houses, etc.

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 There is government control over the Corporation. The government gives grant to
the Corporation. It may inspect and call for any information from the Corporation. The
government has also the final power of dissolution or supersession of the Corporation."
Of course, dissolution or supersession is done in extreme cases, where gross
irregularities are found. For efficient working of the Corporation, government control
should be as minimum as possible.

Municipalities

Municipalities have been organized in Odisha on the basis of the Odisha Municipal
Act 1950 and subsequent amendments made thereto. The members of the Municipal
Councils are directly elected by the people. The membership should not be less than 11
or more than 30. Every State passes its own act on the basis of which its Municipalities
are established and organized subject to the provisions of the 74th Constitutional
Amendment Act.

There is one Chairman in every Municipality. He is assisted by a Vice-Chairman.

The Chairman of a Municipality or N.A.C. is directly elected by the people or by the
Councillors (Ward-members) ns decided-by the State Legislature by law. The Councillors
are directly elected by the people for a period of five years. (in 1994, the Odisha
Government made changes in the representation of urban local bodies. Now one-third
posts of the councillors are reserved for women candidates. The Vice-Chairman is
elected by the members of the Municipal Council and holds office for a period of five
years. Their appointments are honorary There is an Executive Officer for a Municipality.
He acts as a liaison officer between the Government and the Municipality. He gets his
salary from the Government. A Health Officer and an Engineer are also appointed by the
Government. The Government exercises a great deal of control over a Municipality
through the District Magistrate. The District Magistrate has the power to dissolve the
Municipal Councit for any misappropriation or illegal act and takes over its administration
for a maximum period of six months. Within six months, there will be fresh election for
the Councillors or for the formation of the Municipal Council.

Functions of Municipalities:
Traditionally, functions of the Municipalities are classified into (1) Obligatory, and (2)
Optional. The obligatory functions include the following

(a) Construction, maintenance, improvements of roads and other means of

communication;

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(b) Public health and sanitation control of epidemic diseases, special hospital
arrangements, maternity and child welfare centres, etc.;

(c) Conservancy and drainage system;

(d) Promotion of education;

(e) Keeping records of birth and death in the town;

(f) Water-supply.

(g) Maintenance of lighting, clearing and reclamation of unhealthy locality, construction

and maintenance of roads, etc.

The optional functions of municipalities also cover a wide range of subjects. They
are mainly the maintenance of relief work in times of flood, famine, promotion of health,
advancement of agricultural farms, establishment of markets, maintenance of schools,
distribution of improved seeds, maintenance of parks, dairy farms, libraries and reading
rooms, rendering social service, etc. It may have its own recreational centres like cinema
houses and theatres and run it own road transport.

The Twelfth Schedule of the Constitution, ined by the Seventy-fourth Amendment

Act, lists eighteen items) as the responsibilities of the municipalities which onlarge the
powers and functions of the municipalities. Some of these items are urban planning
including town planning, (ii) planning for economic and Social developmen), (i) urban
forestry, protection of the environment and promotion of ecological aspects. (iv) slum
improvement and upgradation and (v) urban poverty alleviation. Article 243W of the
Constitution provides that the State Legislature may by law empower the municipalities
with such authority as necessary to enable them to function as institutions of self-
government with respect to the preparation of plans for economic development and
social justice and the matters listed in the Twelfth Schedule of the constitution. The
powers, position and prestige of local bodies have been enhanced by giving them
constitutional status in 1993.

Income and Expenditure of Municipalities:

For their successful working, Municipalities require large funds. These funds are
derived from various sources. The principal sources are: (i) taxes imposed on land
houses and building) (ii) taxes on vehicles) (iii) taxes on professions and entertainments,
(iv) tolls on roads, bridges and ferries, (v) different kinds of rates known as water rate,
lighting rate, drainage and conservancy rates, and (vi) loans and aids from the
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Government. Municipalities in Odisha receive annual grants and special grants for
specified purposes from the government of Odisha. Without Government aids, it is not
possible to manage local bodies:

Main heads of expenditure of a Municipality are; (i) general administration, (ii)

office establishment and collection charges, (iii) public health and medical relief, (iv)
education, (v) public utilities," (vi) sanitation and (vii) other amenities that will make urban
life richer and happier. Municipalities are taking up (own-planning schemes in recent
times. These functions.become more development oriented. The developmental
functions of municipalities have now widened. As per the constitutional amendment,
every State Government has to appoint its own Finance Commission to review and raise
the resources of local bodies.

The 73rd and 74th Constitution Amendments have compelled the States to
appoint their respective Finance Commissions. The Finance Commission constituted
under Article 243-Yof the Constitution shall review the financial position of municipalities
and make recommendations as to (i) distribution between the state and the municipality
of the net proceeds of taxes, etc. leviable by the State- and allocation levels of
municipalities, (ii) the jaxes and fees that may be assigned to the municipalities, (iii)
grants-in-aid, (iv)measures to improve the financial position of the municipalities and (v)
any other matter referred to it by the Governor. Further, it is provided that "the Governor
shall cause every recommendation made by the Finance Commission together with an
explanatory memorandum as to the action taken thereof to be laid before the legislature
of the State". Thus, along with the constitutional status, the local bodies are expected to
play vital role in the development of the country.

A Review - Municipalities have always paucity of funds. Their income from other
sources is too small to provide all the amenities of urban life. The Urban Administrative
Enquiry Committee has recommended imposition and collection of water-supply tax,
development of pisciculture or such other productive enterprises, manufacture and sale
of compost and operation of Municipal slaughter houses as business undertakings. The
States should provide more generous aids and side by side, sources of municipal revenue
should be wider. A more profitable source of income can be from the establishment of
cinema houses, public utility services, co-operative stores, dairies, etc. Recently, in order
to increase the source of income Octrai taxis levied in a few Municipalities of Odisha.
More generous aids from the Government may render them subservient to the
Government. Illiteracy, absence of civic sense, excess of governmental control,
inefficiency of municipal employees and party politics and rivalry are some of the major
impediments on the successful working of Municipalities. These things are discussed in
detail under the heading, "Hindrances and Problems of Local Self- Government."

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 PANCHAYATI RAJ

Article 40 of the Constitution of India in the chapter on the Dipective Principles of

State Policy, envisages the organization of the village Panchayat as the basic unit of local
self-government. After independence special emphasis has been put on the organization
of the village Panchayats in rural India. Of course, the village panchayats played an
important part in the social and economic life of the people in the ancient and the
medieval India. They flourished like independent village republics. It was during the early
British period that they were very much neglected. Among the Viceroys of India, it was
Lord Ripon who, if 1882, took keen interest for the development of the local self-
government. However, the village Panchayats in independent India are much different
from their predecessors. At present they are development oriented and organized on
democratic lines.

THE NEW SYSTEM OF PANCHAYATS

In 1993 the Panchayati system has been revolutionised and given a new lease of
life after the constitutional status was accorded to it through the 73rd Constitutional
Amendment Act. The State Governments have either changed or amended existing laws
to bring them into line with the 73rd Constitutional Amendment Act.

The 73rd and 74th Amendment Acts inserted Parts IX and IXA respectively in the
Constitution. While Part IX relates to the Panchayats, containing Articles 43 to 2430 Part
IXA deals with the Municipalities, containing Articles 243P to 24320 The provisions in
Part IX and JXA are more or less identical or parallel. The provisions inserted in the
Constitution by Articles 243-243ZG are in the nature of basic provisions which are to be
supplemented by laws made by the respective State Legislatures, which will define the
details as to the powers and functions of different local bodies. Some of the, novel
provisions of the new system are direct election by the people in the same manner as at
the Union and State levels, reservation of seats for women, an Election Commission to
conduct elections, a Finance Commission to ensure financial viability of local bodies.

The scheme of Panchayati Raj which was first adopted in Rajasthan, on the 2nd
October, 1959 was the result of the recommendation of the Balavantray Mehta
Committee. In 1956, the committee was formed to study the working of the Community
Development Programme and suggest remedies for removal of defects their in. This

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Committee is sometimes known as the Committee on Democratic Decentralisation. The
Mehta Committee submitted its report in 1957 and came to a conclusion that "we will
never be able to evoke local interest and excite local initiative in the field of development
unless we create representative and democratic institutions and invest them with
adequate power and appropriate finances." The Committee arrived at the concept of
"democratic. decentralisation" through the broadening of the concept of people's
participation in community development. It recommended to take away more powers-
from the Centre and States and to vest them with the local units of administration.

It also recommended for three-tier system of rural administration, namely, the

Gram Panchayats at the base (i.e. at the village level), the Zilla Parisad at the top (i.c. at
the district level). and the Panchayat Samiti in the middle (i.e. at the block level). The
system is popularly known as the Panchayati Raj. As written earlier, Rajasthan was the
first State in India which adopted this new scheme on 2nd October, 1959. Odisha worked
out this scheme on the 26th January 1961)Almost all the States in India adopted this
system. the recommendation of the Mehta Committee brought a political and social
fevolution in the rural India.

Aims and Objectives of the Panchayati Raj :

1. It helps for the rise of Civic consciousness among the people. It is said that self-
government is the best government and there is no substitute for it. The Panchayati Raj
stimulates self- education. It elevates the character and develops the political
consciousness of the masses. It also inculcates self-reliance, integrity and courage
among the people..

2. It has shifted the centre of gravity to the villages. Its aim is, therefore, democratic
decentralisation The more we take government from Delhi and Bhubaneswar down
below, as near to the people, the greater is the realisation of democracy.

3. It has brought a revolutionary change in the administrative set-up. The inherent

defects of the Indian Civil Service are excessive paper work, delay, red-tapism, aloofness
from popular weal or woe and centralisation of authority. In addition to concentration of
authority, the Indian civil servants are power-intoxicated. As it is said that the civil
servants in Great Britain are afraid of people with capital 'P', but the civil servants in India
are vested in power with capital P. The Panchayati Raj aims at eradicating these defects
by giving administrative power to popular representatives. It is an exercise of co-
operation between the official and non official and the gulf between the two is bridged
under this system.

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 4. It ensures popular participation and encourages local deadership The idea that
"let the people will, and let their will be done" is better realised under the Panchayati-Raj.
Local problems are more efficiently tackled by the local representatives who know the
problems thoroughly. (Rousseau's idea of 'voice of people is voice of God' can only be
realised in the success of the scheme of the Panchayati Raj that India has boldly
launched. Local leadership will make the plans really democratic.

5. The Panchayati Raj aims at an overall development of Village life. Its principal
aim is the rejuvenation and reconstruction of villages. Mahatma Gandhi said, India lives
in her villages Thus, India is a country of villages. Unless villages develop and prosper,
the country will not be a progressive one. The Panchayati Raj is changing the face of
India. It has created a sensation in India. The Panchayati Raj of today promises real
democracy of tomorrow. In short, it aims at the revival of pristine glory of rural India.

6. Now the Panchayats have become part of the Constitution which is the most
sacred document of the nation. The constitutional change will prove to be a major
landmark in the history of development of rural areas of our nation. The new system of
Panchayats is viewed with four broad images? First, it is viewed as an instrument for
rapid development of the area. Secondly, it is perceived as an organ of the State
Government to execute the community development programmes and such other
schemes as the latter may entrust to it. Thirdly, it is viewed not only as a necessary unit
of the existing social system but as a harbinger of a new social order/devoid of
exploitation, injustice and oppression. Lastly, it would strengthen democracy at
grassroots level and provide a forum for arousing political consciousness among the
people.

Panchayati Raj in Odisha :

The Odisha Panchayat Samit and Zilla Parishad Act was passed in 1959, which
received the assent of the Governor on the 15th February 1960. The act came into force
from the 26th January, 1961 The Act was modified in 1962, 1965 and 1968. The 1965
modification, inter alia provided that the Sarapanch.of Gram Panchayat would be directly
elected by the people. This was remarkable development upon the previous act under
which a Sarapancha was to be elected from among the members of a Gram Panchayat.
The 1961 amendment substituted the Zilla Parishad in place of the District Advisory
Council. The Seventy- third Constitutional Amendment Act of 1993 has revolutionised the
Panchayati Raj and strengthened these institutions in the whole country.

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 ZILLA PARISHAD

The Zilla Parishad was at the apex of the Panchayati Raj system in Odisha. But the
1968 amendment abolished the Zilla Parishad and substituted in its place the District
Advisory Council for each district. But again the Zilla Parishad was revived in 1991. It was
modified in the light of constitutional amendment in 1993.

The Zilla Parishad, as provided in the amendment shall consist of the following
members:

(i) Non-official members directly elected by the people.

(ii) M.L.As. and M.Ps. (Lok Sabha) whose jurisdiction come under the district and M.Ps.
(Rajya Sabha) whose place of residence in the district.

(iii) All Chairmen of-the Panchayat Samitis within the district.

(iv) All Chairmen of the Municipal Councils.

(v) The Presidents of the Central Co-operative Banks:

(vi) The Presidents of the District Land Mortgage Banks.

(vii) One-third non-official seats are reserved for women.

(viii) Seats are reserved for the S.C. and S.T. in proportion to their population percentage
in the district.

(ix) The Chairman of the Zilla Parishad shall be directly elected by the people or indirectly
by the elected members as decided by the respective State Legislature by law. In Odisha,
the chairman is elected by and from among the Zilla Parishad members.

Functions:
The following are the functions of the Zilla Parishad:

(1) To advise government regarding developmental and other activities referred to it by

the government from time to time.

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(2) To consider and advise government how best the development activities can be
efficiently executed and suggest ways and means to remove bottlenecks in the execution
of development work.

(3) To appoint smaller committees consisting of the members from among themselves,
if necessary, to go into details of any specific matter,

(4) To plan and supervise development works.

PANCHAYAT SAMITI

The Government, by notification, divides each district into such number of local
areas as it deems fit and each area shall be known as a block. Every block shall have a
Panchayat Samiti consisting of the following members namely

(a) Non-official members are directly elected by the people. That is, a Samiti Sabhya
(member) is directly elected by the people from cach Gram Panchayat to the Panchayat
Samittee.

(b) Chairman of the Municipality with a population not exceeding twenty thousand
situated in the Block.

(c) Chairman of each of the Notified Area Council with a population not exceeding ten
thousand situated within the Block.

(d) As per the recent amendment of the Panchayat Samiti Act, one-third of seats of non-
official members are reserved for women. Seats are reserved for the S.C. and S T. in
proportion to the population.

The Block Development Officer (BDO)

The B.D.O shall be the Executive Officer of the Samiti and shall function under the
control of the Chairman of the Samiti

The Block Development Officer (BDO) is the chief executive of the Panchayat
Samiti He acts as the chief Gdvisor to the Chairman of the Panchayat Samiti. He is also
the chief coordinator of various developmental projects implemented in the block. He is,
in fact, the development officer of the Panchayati Raj system. He has an important role

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in preparation of rural plans. He supervises the work of village level workers (VWL) and
other field personnel. The BDO is the captain of the team of the officers at the block level
He should possess administrative ability, human qualities, patience, good sense and
capacity for hard work. The success of administration much depends on the efficiency
and outlook of the officers at lower levels. The local people expect them to be men of
ideas and integrity, possessing dynamic personality They should be free from corruption
By reasons of their position as the administrative heads of the local authorities, they
should be aware of the needs of the local areas and work for the development of the
areas

The Panchayat Samiti shall have a Chairman who shall be directly elected by the
people or by the non-official members as decided by the State Legislature by law. In
Onssa, the chairman is elected by and from among the Samiti members The executive
authority of the Samiti shall be vested in the Chairman and it shall be his duty to have the
resolution of the Samiti implemented through the Executive Officer of the Samiti The
Chairman of the Samiti shall convene and conduct the meetings of the Samiti and have
the power to inspect and supervise all works undertaken by the Samiti The Vice Chairman
of the Samiti shall be elected by the Non-official members of the Samiti. He will.exercise
such power as delegated to him from time to time and when the office of the Chairman
is vacant, he shall act as the Chairman.

Functions of Panchayat Samiti :

(1) Planning, execution and supervision of the development programme, schemes and
works in the Block relatingto the Community Development

(2) Management, control and spread of primary education in the Block.

(3) Supervisory powers over the Gram Panchayats within the Block to be exercised in
such manner and to such extent as may be prescribed.

(4) Management of such trusts and endowments and other institutions as may be
entrusted to them under any law for the time being in force or under the Government

(5) Supervision of enforcement of laws relating to vaccination and registration of births

and deaths.

(6) The budgets or Gram Panchayats are to be submitted the Samiti and Samiti will
approve the budgets

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 GRAM PANCHAYAT

Gram Panchayats are at the bottom of the three-tier organization of Panchayati

Raj. But Gram Panchayats for a village or group of villages were established earlier The
present Odisha Gram Panchayat Act was passed, after the introduction of the Panchayati
Raj on the basis of which the Gram Panchayats were organized in Odisha. It has been
amended from time to time

Composition of Gram Panchayats:

The State Election Commissioner is authorised under the Act to fix the number of
members of a Panchayat. The number varies between 11 and 25, and their tenure is five
years: Officers of the Panchayat are Sarapanch and Naib-Sarapanch. All the members of
the Panchayat are directly elected by the people. The 73rd Constitutional Amendment Act
made drastic changes in the Panchayati Raj Part IX of the constitution envisages a three-
tier system of Panchayats, namely, (a) Gram Panchayat at the village level, (b) Panchayat
Samiti at the block level, which stands between the village and district Panchayats in
States where the population is above 20 Hikh-and (c) the Zilla Parishad at the district
level.

All the seats in a Gram Panchayat shall be filled by persons chosen by direct
election. The electorate has been named the Gram Sabha consisting of persons
registered in the electoral rolls, relating to a village comprised within the area of a
Panchayat. In this way participatory democracy is introduced at the grassroots. The
Chairperson of each Panchayat is to be elected according to the law passed by a State
and such State law shall also provide for the representation of Chairperson of Village and
intermediate Panchayats in the District Panchayat as well as members of the Union
Parliament and State Legislature in the Panchayats above the village level.

Article 243D provides that seats are to be reserved for Scheduled Castes and
Scheduled Tribes. The reservation shall be in proportion to their population. Out of the
seats so reserved not less than 1/3rd of the seats are to be reserved for women belonging
to Scheduled Castes and Scheduled Tribes respectively Not less than 1/3rd of the total
number of seats to be filled by direct elections in every Panchayat shall be reserved for
women.

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 A State may by law make provision for similar reservation of the offices of
Chairpersons in the Panchayats at the village, intermediate and District levels.

Every Panchayat shall continue for 5 years from the date of its first meeting. But it
may be dissolved earlier in accordance with the procedure prescribed by state law.
Elections must take place before the expiry of its term. In case it is dissolved earlier, then
the elections must take place within six months of its dissolution. A Panchayat
reconstituted after premature dissolution (1.e. before the expiry of the full period of 5
years) shall continue only for the remaining period. But if the remaining period is less than
6 months, it shall not be necessary to hold elections.

Article 243 Eprovides that all persons Who are qualified to be elected to the State
Legislature shall be qualified to be elected as a member of a Panchayat.) The only
difference is that a person who has attained the minimum age of 21)years will be eligible
to be a member (in case of State Legislature the prescribed age 25 years) If a question
arises as to whether a member has become subject to any disqualification, the question
shall be decided by such authority as the State Legislature may provide by law.

The Gram Panchayats are at the bottom of the three-tier organization of

Panchayati Raj. A Gram Panchayat will consist of some villages Villages are divided into
a number of wards and each ward shall elect a "Panch". All "Panchas" will constitute the
Gram Panchayat. The State Election Commissioner is authorised to fix the number of
members of a Gram Panchayat. It shall not be more than 25 And less than 11The "Panch"
normally holds office for a period of five years. The Sarapanch will preside over the
meetings of Gram Panchayat The Gram panchayat shall hold meeting in Every month and
may hold extraordinary meeting, if necessary. The Sarapanch is to see the execution of
decisions of the Gram Panchayat

The functions of the Gram Panchayats may be divided into two categories viz. The
Obligatory and Optional functions. The obligatory or compulsory functions are

(a) Construction, cleaning and lighting of public streets.

(b) Provision for medical relief sanitation and prevention of diseases Health

(c) Registration of birth and death

(d) Construction and maintenance of common grounds. public wells, tanks and drainage,
etc..

(e) Regulation of Melas, fairs and festivals.

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(f) Provision of primary education

(g) Maintenance of village police, etc.

The main optional or discretionary functions of the Gram Panchayats are

(a) Promotion of co-operative farming,

(b) Marketing of agricultural products.

(c) Establishment of cow-sheds and dairy farms.

(d) Relief from famine or other calamity;

(e) Improved breeding and medical treatment of cattle, construction of slaughter house,

(f) Planting trees by the sides of public streets;

(g) Agricultural development and soil conservation;

(h) Establishment of maternity and child welfare centres;

(i) Organisation of cottage industries;

(j) Establishment and maintenance of libraries, reading rooms, etc.

The State Legislature has the legislative power to confer on the Panchayats such
powers and authority as may be necessary to enable them to function as institutions of
self-government (Arts 243G-24311). They may be entrusted with the responsibility of
preparing plans for economic development and social justice, (b) implementation of
schemes for economic development and social justice, and (c) in regard to matters listed
in the Eleventh Schedule (inserted by the 73rd Amendment). The list contains 29 times,
e.g. land improvement, minor irrigation, animal husbandry, fisheries, education, women
and child development, etc. The 11th Schedule distributes powers between the State
Legislature and the Panchayat just as the 7th Schedule distributes powers between the
centre and the State Legislature.

Article-243K is designed to ensure free and fair elections to the Panchayats at all
levels.

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 Article 243K provides for the constitution of a State Election Commission in
respect of the Panchayats. Powers of superintendence, direction and control of election
to the Panchayats including preparation of electoral rolls for it shall be vested in the State
Election Commission. To ensure the independence of the Commission, it is provided that
he can be removed only in the same manner and on the same grounds as a Judge of High
Court. The State Legislatures have the power to legislate on all manners relating to
elections to the Panchayats at all levels.

As under Art 329, courts shall have no jurisdiction to examine the validity of a law
relating to delimitation of constituencies or the allotments of seats, made under Art 243K
An election to a Panchayat can be called in question only by an election petition which
should be presented to such authority, and in such manner as may be prescribed by law
made by the State Legislature.

There are some broad functions of the Gram Panchayats In short, these functions
are partly municipal, partly developmental and partly judicial The judicial functions are
expected to be deal with by Adalati or Nyaya Panchayat. These Adalati Panchayats will
try and dispose of petty cases in the rural areas The Adalati Panchayats are known as
"the Nyaya Panchayats" They help to dispose of petty cases in village levels and make
justice cheap. efficient and speedy. In some States including Odisha, the practice of
setting up the Adalati Panchayats is not encouraged. Thus, the Gram Panchayats are
playing a very important role in bringing about rural development. The successful working
of democracy in India. depends upon the efficient working of the Panchayats.

Sources of Revenue of the Gram Panchayats:

A constant criticism of the Gram Panchayats is that their finances are inadequate. The
following are the sources of revenue of the Gram Panchayats:

(i) Collection of taxes in the village areas like water tax.lighting tax, latrine-tax, toll-tax, tax
on profession, etc.

(ii) By imposing fees such as licence fees, fees for registration of cattle sold within the
local area, fees for the use of slaughter houses and carts and, fees for using rest-sheds
and Dharmasalas, etc.-

(iii) Sale proceeds of village markets, ghats, ponds or dirtdung or any other common
property belonging to the Panchayats of fines imposed in respect of offences committed
within the jurisdiction of the Panchayats;

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(iv) Government grants either general or for specific purposes like education and
construction of roads and buildings The grants from the Government constitute major
sources of revenue of the Gram Panchayats. These sources of revenue are inadequate.

(v) A State may by law authorise a Panchayat to levy, collect and appropriate taxes, duties,
toll, etc. The law may lay down the procedure to be followed as well as the limits of these
taxes. It can also assign a Panchayat various taxes, duties, etc. collected by the State
Government. Grants-in-aid can be given to the Panchayats from the consolidated fund of
the State. Within one year from the date the Constitution 73rd Amendment comes into
force and afterwards every five years, the State Government shall appoint a Finance
Commission to review the financial position of the panchayats and to make
recommendations as to-

(a) the distribution between the State and the Panchayats of the net proceeds of taxes,
duties, tolls and fees leviable by the State which may be divided between them and how
allocation would be made among various levels of Panchayats;

(b) what taxes, duties, tolls and fees may be assigned to the Panchayats;

(c) grant-in-aid to the Panchayats.

The report of the Commission, together with a memorandum of action taken on it,
shall be laid before the State Legislature. These provisions are modelled on Art 280 which
contains provisions regarding appointment of a Finance Commission for distribution of
finances between the Centre and the States. This will greatly help to increase finance of
the Panchayats.

HINDRANCES AND PROBLEMS OF LOCAL SELF-GOVERNMENT

The working of local self-governments including the Panchayati Raj is not

satisfactory. There is slow progress of local self-government not only in Odisha but also
in all parts of India. The constitutional amendments made by the P.V. Narasimha Rao
Government in 1993 have revitalised the local bodies and improved the participation of
the people. It has ensured people's participation in their development and prosperity. Its
success is yet to be seen. The following are certain defects that cause slow progress in
the field of local self-government.

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 (i) People in our country are illiterate and lack civic consciousness. At the time of
elections, they vote according to their families, castes and personal relations. Often they
are apathetic towards public and show little interests in the promotion of common good.
Again, most people are conservative. Their conservatism keeps them bound to old
fashioned customs and traditions and they do not entertain new schemes and plans
envisaged by the local self-institutions.

(ii) Excess of governmental controDis another hurdle in its successful working of

the Panchayats and Municipalities. These bodies work under the constant control of the
government who often interferes arbitrarily in their daily working. This control is officious
and meddlesome and often kills the initiative of the local bodies. As often the control is
too much and the members of local bodies do not enjoy much independence, public
spirited persons are not prepared to be members of these local bodies.

(iii) The Shortage of funds is another serious defect of local self-government. Their
meager financial resources render them incapable of undertaking developmental
activities As their income is so small, they cannot provide all amenities of life to citizens
and consequently no enthusiasm is created among the people.

(iv) Local self-institutions are often battle-grounds of political parties. This party-rivalry
divides the villages into various factions and groups, and saps the vitality of co-operative
village life. This often results in favouritism, nepotism and parochialism. Further, people
in our country have low moral standards and as such, there is a lot of corruption in the
public life. People manage to get various contracts from local bodies, bringing all those
who are concerned with the giving of such contracts.

(v) A serious criticism of the Panchayati Raj is that it is casteridden today. High caste
men do not allow the low caste people the privileges they enjoy. During the Panchayat
elections. caste often plays prominent role. M.N. Srinivas has observed, "Caste has
received new fillip with the establishment of Panchayati Raj". Thus, the feeling of
casteism pollutes the atmosphere of the Indian villages.

(vi) Lastly, the employees of local bodies are untrained and inefficient. They do not have
necessary knowledge about the subjects. Often no qualifications are laid down for
recruitment to the staff of the local bodies.

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Suggestions for removal of these defects :

The defects are not insurmountable. They can be eradicated, if certain conscious
efforts are made in those directions. First of all, the Government should take steps to
spread education rapidly. A certain minimum standard of education is necessary for the
success of local self-governing institutions. Spread of education will eradicate illiteracy,
backwardness and conservatism of our people

Secondly, the Government should also change its former attitude towards the local
bodies. It should give up its attitude of hostility or indifference. The officials concerned
including the District Collector should be directed to help the local bodies in every
possible way. Excessive governmental control and interference of the Government in the
day-to-day administration of local bodies are also sometimes responsible for failure of
local bodies.

Thirdly, the local bodies need better personnel as well as a better office
organization and methods. Certain qualifications should be laid down for recruitment to
the staff of the local bodies. Special provisions should be made for the training of
personnel of local bodies.

Fourthly, local bodies should have(adequate finance at their disposal to take up

manifold developmental activities. They should be allowed to collect more taxes and
make their budgets self- sufficient. In case of deficit, the Government should readily come
forward to help without hesitations.

Local bodies should be away as far as possible, from the arena of nasty party
politics. If the village Panchayats are to achieve the basic targets of democracy, it is
desirable that they should not be utilised for political purposes. The very idea of feeling
of oneness is destroyed, if the local bodies are not away from politics. In this connection,
"a code of conduct" is often suggested for political parties in India and they should not
interfere in the activities of the Panchayats.

Lastly, for success of the Panchayati Raj and other local self-governing
institutions, public life should be free from.corrupsion. People and the leaders should
possess a high moral standard. They should be honest, truth-binding, vigilant and well-
informed. This honesty is not only expected in the lower level, it is more desired in the
higher level. As Confucious in his wisdom stated, "The example of those in high places is
like the breeze and the behaviour of ordinary people is like grass. When the breeze blows
upon the grass, the grass assuredly bends in the desired directions". The establishment

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of the Panchayati Raj has led to the quest of new leadership. The new leadership should
be development-oriented and not "power- motivated". The success of the Panchayati Raj
much depends on this pattern of emerging leadership. If it is successful, it will bring a
new era of prosperity. We may quote De Tocqueville, "Local institutions constitute the
strength of free nations. A nation may establish a system of free government, but without
local institutions, it cannot have the spirit of liberty".

The Administrative Reforms Commission (AR.C.) suggested that development

work in a district should be vested in the institutions of the Panchayati Raj and this
function should be clearly separated from regulatory function. Further, the Commission
recommended that "adequate safeguards should be provided to ensure that development
administration is conducted on sound and proper lines and there is not abuse of power
or authority. For this purpose, tho Collector should have powers to obtain information
regarding the working of those institutions so that he may be able to give timely and
proper advice whenever necessary in the public interest It should be clearly understood
that this advisory role does not empower him to exercise supervisory and controlling
authority over the working of the Panchayati Raj Institutions." The Panchayati Raj set-up
is still in experimental stage. Every experiment has its problems as well as promises, The
Panchayati Raj may have weakness to-day, but it will be a vital force of tomorrow in
shaping and developing the richer and prosperous life of people of India. It acts like the
grassroot of democracy and a time may come when Jay Prakash Narayan's dream of
Gram Sabha to Lok Sabha" may materialise through it. Hence, one may be optimistic
about the future of the Panchayati Raj in our country, particularly after the Constitutional
Amendments of 1993.

THE LOCAL SELF-GOVERNMENT IS THE BEST SCHOOL OF DEMOCRACY

It is not enough for the success of democracy to grant the right to vote. A vote cast
once in five years provides very little chance of civic education. On the other hand, local
self-government arouses in the citizen active and sustained interest in civic affairs and
gives him his first lesson in self-government. Thus, local self- government in a democracy
provides a training ground for citizenship. The Central Government cannot provide an
opportunity of active participation in the administration to a large number of citizens.
Local government deals directly with the management of public affairs. It removes the
apathy of the common man because the activities with which local self-government
associates him are those which intimately affect his daily life. Simultaneously, it teaches
the citizen that his interests are linked with those of others and that those can be best
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satisfied by means of co-operation and following the principle of live and let live. Hence,
it enlarges his mental outlook? checks his selfishness and makes him public spirited. In
the opinion of Bryce, "Local self-government creates among the citizens a sense of their
common interests in common affairs as well as common duty to see that these are
efficiently and honestly administered." Local elections make the citizen conscious of his
vote and train him to use it wisely at national level. This makes national elections
successful and truly representative of public opinion? By giving people chances to
manage their own affairs, local self-government strengthens their sense of freedom and
makes them vigilant of their liberty in the national sphere as well. Judge Learned Hand
rightlys says, "Liberty lies in the hearts of men and women, when it dies there, no
constitution, no law, no court can save it and no Constitution, no law and no court can
even do much to help it."

Review in Brief:

Lord Bryce once observed, "Local institutions train men not only to work for others,
but also work efficiently with others. They develop commonsense, reasonableness,
judgement and sociability." Here we are going to report how far the Panchayatiraj worked
out in achieving the stated goals. Till today, the working of local self government at rural
level is not up to standard. The normal problems we face in day to day activity are mainly :

i) general mass of our state are illiterate and ignorant of welfare schemes,

(ii)) caste, family and personal interests are recognized.

(iii) inadequate fund at the disposal of the Panchayats,

(iv) unnecessary interferance of political groups in the affairs of Panchayatiraj

(v) untrained bureaucracy at the local level, etc.

Therefore, the scheme of rural local self government for ensuring democratic
decentralisation is not free from defects and drawbacks. These defects are not
insurmountable. These are to be removed in order to make the Panchayatiraj as an
agency for participatory democratic government. Suggestions generally made with a
view to strengthen the working of this system includes:

a) rate of literacy may be improved at the grassroot level,

b) bureaucratic indifference should go,

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c) skilled employees having social commitment should be given the task of managing
local self institutions,

d) local bodies must be given scope for internal resource mobilisation for self-sufficiency
in fiscal matters,

e) decision making mechanism at the Panchayat level should be free from Political
orientation as nasty party politics kills the very fabric of Panchayatiraj today

f) panchayat leaders must be selected on the basis of honesty, integrity and popular
programmes.

The Panchayatiraj is thus rightly regarded as the best school for democracy. It
provides ground for potential leadership. In this connection, the recommendation of ARC
(Administrative Reforms Commission) can be taken into account in order to have
effective Panchyat management. The ARC suggests: "development work in a district
should be vested in the institutions of the Panchayatiraj and this function should be
clearly separated from regulatory function."

The new trend in Panchayatiraj is going to stimulate the administration and

political masters in future. Today we have elected Gram Panchayats, Panchayat Samitis
and Zilla Parisads in Odisha. Credit goes to 73rd Amendment Act, 1993 for such high
purpose. Devolution of political and economic power is the motto of this new pattern of
power to the people. The formation of Finance Commission and Election Commission at
the State level and reservation for women candidates in Panchayat bodies have virtually
brought dramatic in the structure and working of localself institutions in our state as we
observed after examining recent Panchayat elections.

With the progress of time, the human needs are also multiplying. This is reflected
in the operation of administration also. Therefore, Panchayatiraj still holds the key in the
affairs of democratic way of thinking and play Decentralisation within a community
development framework contains within itself the power To enrich the spirit of liberty and
equality.) It is true that if care is taken to use these decentralised mechanism of
administration and polity, we can easily prove that development activities can be
managed from below. Logical inference follows from this discussion, that as long as we
are democratic in our attitude, there is no threat to this system of ruling. Because this
system is designed to draw out the best from ruralities

The programmes to be undertaken at the Panchayat level must meet the basic
needs of the rural masses. The panchayat projects should have socio-economic
implications having wider network. The rural people are to be induced for using better
seeds and fertilizers for improved production. Capacity and confidence building
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mechanism should be developed in the people as a result of which the panchayat
programmes can be forwarded with the Cooperation and participation of the people.

As assessed, with greater community action, and commitment, we have to carry

Panchayatiraj with a mission of transforming our society for better days

References:

1. Kurukshetra, Spl. Issue, Govt. of India Publication, April, 1995

2.Narayan Jay Prakash, "Decentralisation Democracy" in IJPA, July 1961.

3.Narain Iqbal, "Rural elite in an Indian State" Manohar, New Delhi, 1976.

4.Odisha Panchayat Samiti and Zilla Parishad Act, 1959 (modified subsequently), Govt. of Odisha
Publication.

5.Panchayatiraj new horizons & new challenges, Dept of Panchayatiraj. Govt. of Odisha
Publication, 1991.

6. Rout B.C & Mohanty G.R. "Rural Local Administration in Odisha "in Odisha Administration (ed.
B.C. Rout) Panchshila,

7.Bhubaneswar, 1991. Weiner, Myron 'Political Change in South Asia' KLM, 1968.

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