The Orissa High Court recently bid adieu to its 33rd Chief Justice, Subhasis Talapatra, who concluded his brief 56-day tenure. At a Full Court Reference graced by numerous legal luminaries, Justice Talapatra expressed his heartfelt gratitude to his team and delved into the intricate nature of the judicial role. He underscored the imperative for judges to confront personal biases and steadfastly adhere to constitutionally grounded principles. Furthermore, he voiced concerns about the contemporary challenges confronting constitutionalism and the values enshrined in the Constitution in India.
Justice Talapatra highlighted the potential pitfalls of external influences swaying court decisions. He passionately advocated for the primacy of the Constitution over such external ideas. He candidly shared,
“I openly dissented against seven Supreme Court judgments,”
believing they deviated from the core constitutional ethos. He expressed satisfaction that five of these judgments have since been overturned and expressed optimism about the reversal of the remaining two.
Acknowledging the inherent challenges of the judicial role, the chief justice conceded that mastering the vast expanse of knowledge and skills essential for the position is a daunting task. He emphasized the invaluable role of lawyers, whose expertise enlightens judges, equipping them to craft legal solutions. He also highlighted the boundaries of judicial power, suggesting that unresolved issues should ideally be addressed by the electorate in a democratic setup.
In his parting words, Justice Talapatra cautioned judges against overstepping their bounds and adopting a regal demeanor. He urged,
“Judges should exercise restraint and avoid behaving like kings.”
He championed the cause of democratic values, emphasizing that discretionary powers should always be wielded with a keen awareness of one’s democratic role.
Justice Talapatra’s illustrious legal journey includes his tenure as a senior advocate, followed by his appointment as an Additional Judge of the Gauhati High Court in 2011. He later ascended to the position of a Permanent Judge of the Tripura High Court in 2013. He was sworn in as the Chief Justice of the Orissa High Court in June 2022. His tenure was marked by landmark judgments, notably those concerning the Puri Jagannath Temple’s Ratna Bhandar, workplace sexual harassment, and the issue of stray dogs at the National Law University, Odisha campus.
