Dr. Justice Braja Nath Misra
1930 - 2018
Dr. Justice Braja Nath Misra was a highly distinguished Indian jurist and academician who served as the Retired Chief Justice of the Sikkim High Court, India (1990–1992). A highly regarded lawyer in the Indian Judiciary, his career was marked by exceptional legal scholarship and judicial service, including notable academic achievements in the United Kingdom.
Educational and Early Career in India
Born on November 9, 1930, at Darbhanga, Bihar, Braja Nath Misra was the son of Late Dr. Kashi Nath Misra, Rai Bahadur Civil Surgeon and the First Indian Born Principal of SCB Medical College, Cuttack, Orissa and Smt. Icchamoni Debi
Early Legal Practice
On August 11, 1952, he was called to the Bar and became an Advocate of the Orissa High Court.
Academia
Around 1956, he began teaching as a part-time lecturer at Madhusudan Law University, continuing for three years.
The Turning Point
A governmental decision to appoint another candidate for the role of Government Standing Counsel, allegedly due to political affiliation, served as a turning point. This prompted his decision to leave India for England with just Five Pounds (approximately INR 65 at the time) to pursue higher legal education and practice.
Educational and Professional Career in England
Dr. Misra achieved some of the highest levels of legal qualification in England, drawing inspiration from figures like Mahatma Gandhi and Jawaharlal Nehru, who had signed the Roll of Barristers at the Inner Temple.
Supporting Studies
To support himself, he took a job as a Maths Teacher under the London County Council at Thomas Calton Secondary School, Peckham, London
Barrister-at-Law
He joined the Inner Temple, one of the four Inns of Court, and was called to the Bar. He subsequently started practice in the chambers of Mr. S. P. Khambatta, Queen’s Counsel, at Temple Gardens. Degree Certificate
Master of Laws (LL.M.) (London)
While practicing, he continued his studies at London University. He successfully graduated in October 1962 specializing in Constitutional Laws (I), Laws of International Institutions, Laws of Mortgages and Charities, and Laws of Landlord and Tenant.
Ph.D. (London)
At University College, he pursued his Ph.D. in Constitutional Law. His thesis subject was "The Legal Position of Aliens in the Commonwealth.
Royal Conferment
His LL.M degree was presented to him at The Royal Albert Hall on May 8, 1963, by Her Majesty Queen Elizabeth The Queen Mother, the Chancellor of the University of London.
Association with Lord Denning
Based purely on merit and against intense competition, he took up the position of Research Officer (Commonwealth) at the British Institute of International and Comparative Law, 1 Temple Gardens, London, E.C.4. This role involved serving as a Research Assistant to the Council of Management's Chairman, The Rt. Hon. Lord Denning, Master of the Rolls. Tom Denning, Baron Denning, has been described by Margaret Thatcher, as probably the greatest English Judge of modern times.
Judicial and Academic Career in India
In 1966, he returned to India for personal reasons, embarking on a distinguished judicial and academic career path:
Dr. Justice Braja Nath Misra's appointments spanned a period in the Indian Judiciary characterized by the complex relationship between the Executive (Government) and the Judiciary, particularly concerning judicial independence and transfers.
1. Orissa Superior Judicial Service (OSJS) (1966–1981)
His entry into the OSJS in 1968, which included judicial posts (District and Sessions Judge) and administrative roles (Law Secretary, Legal Remembrancer), falls within a critical period in the history of judicial administration in Orissa.
Dr. Misra's distinguished educational background (LL.M., Ph.D. from London, Barrister-at-Law) and his experience teaching law positioned him as a highly qualified candidate, making his appointments to significant roles like Principal cum Professor of Law (1966), District and Sessions Judge, and Law Secretary (1978–1979) logical within the OSJS cadre, despite the existing political tensions around judicial posts.
2. High Court Judge and Acting Chief Justice (1981–1989)
His elevation as a Judge of the Orissa High Court in 1981 and subsequent transfer to the Allahabad High Court in 1986 while he was Acting Chief Justice, occurred during an era of significant judicial-executive conflict in India.
The Transfer Policy: Transfers of High Court judges, like his move to the Allahabad High Court as a Senior Administrative Judge in 1986, were common practice, but the frequency and context of these transfers often reflected the ongoing power dynamics between the central government and the judiciary. His transfer resulted in a historic and unprecedented 17 days state-wide strike called by the Orissa High Court Bar Association that included blocking the railway tracks and train to prevent Justice Misra from leaving the State.
3. Chief Justice of Sikkim High Court (1990–1992)
His appointment as Chief Justice of the Sikkim High Court in January 1990 placed him in the highest judicial office of a High Court, just before the judiciary began to formally reclaim its dominance in appointments.
Sikkim's Context: The Sikkim High Court was established relatively recently (1975) after Sikkim merged into the Indian Union. Chief Justices of smaller High Courts like Sikkim are frequently judges transferred from larger High Courts (his parent court was the Orissa High Court), which was a standard judicial practice to ensure geographic diversity and balance experience across the nation's high courts.
Personal life
Late Dr. Justice Braja Nath Misra was married to Late Smt. Pramila Misra, the eldest daughter of Late Dr. Radhanath Mishra, FRCS, Founder Principal of Burla Medical College and Smt. Lakshmipriya Debi
Testimonials
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Research and Publications
Dr. Misra's academic work reflected his deep expertise in constitutional law and comparative international law:
Ph.D. Thesis: "Legal position of aliens in the Commonwealth"
Articles
Reviews
Addresses/Papers