Orissa High Court judge pronounces 32 judgements in one day

Subject : Polity

Context : An Orissa High Court bench delivered judgement in 32 matters, pertaining to mostly civil disputes, in a single day.

Concept :

The highest among them were writ petitions under Article 226 and 227, with as many as 67,266 cases pending.

Article 226 and 227

Articles 226 and 227 are the parts of the constitution which define the powers of the High Court.
Article 226, empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.

What are these Writs?

Habeas Corpus – A simple dictionary meaning of the writ of Habeas Corpus is “a writ requiring a person under arrest of illegal detention to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention”.
Mandamus – A writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
Prohibition – A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.
Quo warranto – This simply means “by what warrant?”. This writ is issued to enquire into the legality of the claim of a person or public office. It restrains the person or authority to act in an office which he / she is not entitled to; and thus, stops usurpation of public office by anyone. This writ is applicable to the public offices only and not to private offices.
Certiorari– Literally, Certiorari means “to be certified”. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.
The High Court is conferred with this power under Article 226 of the Constitution of India for enforcement of any of the fundamental rights conferred by part III of the Constitution or for any other purpose.

Article 227

Article 227 determines that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction (except a court formed under a law related to armed forces).
The High Court, can, under Article 227 –
Call for returns from such courts,
Make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts.
Prescribe forms in which books, entries and accounts be kept by the officers of any such courts.
Settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts.