CategoryChapter V

Article 232 – [Omitted]

 [Omitted vide Constitution (Seventh Amendment) Act, 1956.]

Article 231 – Establishment of a common High Court for two or more States

(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more state or for two or more States and a Union territory.

(2) In relation to any such High Court,-

1[***]

(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the Subordinate Courts are situate; and

(c) the reference in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat:

Provided that if such principal seat is in a Union territory, the references in articles 210 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.]


1. Omitted by the Constitution (Ninety-ninth Amendment) Act, 2014 for the following : – “(a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;”

Article 230 – Extension of jurisdiction of High Courts to Union territories

(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.

(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory:

(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and

(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.


1. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 16, for articles 230,231 and 232

Article 229 – Officers and servants and the expenses of High Courts

(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct:

Provided that the Governor of the State1[***] 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 save after consultation with the State Public Service Commission.

(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose:

Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State2[***].

(3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.


1. The words “in which the High Court has its principal seat” omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.

2. Certain words omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.

Article 228A – Special provisions as to disposal of questions relating to constitutional validity of State Laws [Repealed]

1 [***]

[Rep . by the Constitution (Forty-third Amendment) Act, 1977, section 10, (w.e.f. 13-4-1978)]]

 


1. Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 42 (w.e.f. 1-2-1977 ).

Article 228 – Transfer of certain cases to High Court

If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the de termination of which is necessary for the disposal of the case,1[it shall withdraw the case and2[***] may–]

(a) either dispose of the case itself, or

(b) determine the said question, of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.


1. Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 41, for “it shall withdraw the case and may–”  (w.e.f. 1-2-1977).

2. The words, figure and letter, “subject to the Provisions of article 131A”, omitted by the Constitution (Forty-third Amendment) Act, 1977, section 9 (w.e.f. 13-4-1978).

Article 227 – Power of superintendence over all courts by the High Court

1 [(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction.]

(2) Without prejudice to the generality of the foregoing provisions, the High Court may–

(a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:

Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision or any law for the time being in force, and shall require the previous approval of the Governor.

(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.

2 [***]


1. Clause (1) has been successively substituted by the Constitution (Forty-second Amendment) Act, 1976, section 40 (w.e.f. 1-2-1977) and the Constitution (Forty-fourth Amendment) Act, 1978, section 31 to read as above (w.e.f. 20-6-1979).

2. Clause (5) was inserted by the Constitution (Forty-second Amendment), Act, 1976, section 40 (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, section 31 (w.e.f. 20-6-1979).

Article 226A – Constitutional validity of Central laws not to be considered in proceedings under Article 226 [Repealed]

[Rep . by the Constitution (Forty-third Amendment) Act, 1977, section 8 (w.e.f. 13.4.1978)]]

 


1. Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 39 (w.e.f. 1-2-1977).

Article 225 – Jurisdiction of existing High Courts

Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution :

1 [Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.]


1. Inserted by the Constitution (Forty-fourth Amendment) Act, 1978, section 29, (w.e.f. 20-6-1979) Original proviso was omitted by the Constitution (Forty-second Amendment) Act, 1976, section 37 (w.e.f. 1-2-1977).

Article 224A – Appointment of retired Judges at sittings of High Courts

1[ Notwithstanding anything in this Chapter, 2[the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may with the previous consent of the President], request any person who has held the office of Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:

Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.]


1. Inserted by the Constitution (Fifteenth Amendment) Act, 1963, section, 7.

2. Substituted by the Constitution (Ninety-ninth Amendment) Act, 2014 for the following : – “the Chief Justice of a High Court for any State may at any time, with the previous consent of the President”