Chapter
5 - THE HIGH COURTS IN THE STATES
(1) If at any time,
except when the Legislative Assembly of a State is in session, or where there
is a Legislative Council in a State, except when both Houses of the Legislature
are in session, the Governor is satisfied that circumstances exist which render
it necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require:
Provided that the Governor shall not, without instructions
from the President, promulgate any such Ordinance if--
(a) a Bill containing the same provisions would under this
Constitution have required the previous sanction of the President for the
introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill
containing the same provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the
same provisions would under this Constitution have been invalid unless, having
been reserved for the consideration of the President, it had received the
assent of the President.
(2) An Ordinance promulgated under this Article shall have
the same force and effect as an Act of Legislature of the State assented to by
the Governor, but every such Ordinance--
(a) shall be laid before the Legislative Assembly of the
State, or where there is a Legislative Council in the State, before both the
Houses, and shall cease to operate at the expiration of six weeks from the
reassembly of the Legislature, or if before the expiration of that period a
resolution disapproving it is passed by the Legislative Assembly and agreed to
by the Legislative Council, if any, upon the passing of the resolution or, as
the case may be, on the resolution being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.--Where the Houses of the Legislature of a
State having a Legislative Council are summoned to reassemble on different
dates, the period of six weeks shall be reckoned from the later of (hose dates
for the purposes of this clause.
(3) If and so far as an Ordinance under this Article makes
any provision which would not be valid if enacted in an Act of the Legislature
of the State assented to by the Governor, it shall be void:
Provided that, for the purposes of the provisions of this
Constitution relating to the effect of an Act of the Legislature of a Slate
which is repugnant to an Act of Parliament or an existing law with respect to a
matter enumerated in the Concurrent List, an Ordinance promulgated under this Article
in the Concurrent List, an Ordinance promulgated under this Article in
pursuance of instructions from the President shall be deemed to be an Act of
the Legislature of the State which has been reserved for the consideration of
the President and assented to by him.
1[***]
1. Clause (4) was inserted by the constitution
(Thirty-eighth Amendment) Act, 1975, section 3 (retrospectively) and omitted by
the Constitution (Forty-forth Amendment) Act, 1978, section 27 (w.e.f.
20-6-1979).
Article 214 - High Courts for States
1[***] There shall be a High Court for each
State.
2[***]
1. The brackets and figure "(1)" omitted by
the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.
2. Clauses (2) and (3) omitted by the Constitution
(Seventh Amendment) Act, 1956, section 29 and Schedule.
Article 215 - High Courts to be courts of record
Every High Court shall be a court of record and shall have
all the powers of such a court including the power to punish for contempt of
itself.
Article
216 - Constitution of High Courts
Every High Court shall consist of a Chief Justice and such
other Judges as the President may from time to time deem it necessary to
appoint.
1[***]
1. Proviso omitted by the Constitution (Seventh
Amendment) Act, 1956, section 11.
Article
217 - Appointment and conditions of the office of a Judge of a High Court
(1) Every Judge of a
High Court shall be appointed by the President by warrant under his hand and
seal after consultation with the Chief Justice of India, the Governor of the
State, and, in the case of appointment of a Judge other than the Chief Justice,
the Chief Justice of the High court, and 1 [shall hold office, in
the case of an additional or acting Judge, as provided in Article 224, and in
any other case, until he attains the age of 2 [sixty-two years]]:
Provided that--
(a) a Judge may, by writing under his hand addressed to the
President, resign his office;
(b) a Judge may be removed from his office by the President
in the manner provided in clause (4) of Article 124 for the removal of a Judge
of the Supreme Court;
(c) the office of a Judge shall be vacated by his being
appointed by the President to be a Judge of the Supreme Court or by his being
transferred by the President to any other High Court within the territory of
India.
(2) A person shall not be qualified for appointment as a
Judge of a High Court unless he is a citizen of India
(a) has for at least ten years held a judicial office in
the territory of India
(b) has for at least ten years been an advocate of a High
Court 3 [*'**] or of two or more such courts in succession; 4
[***]
Explanation: For the purposes of this clause--
5 [(a) in computing the period during which a
person has held judicial office in the territory of India, there shall be
included any period, after he has held any judicial office, during which the person
has been an advocate of a High Court or has held the office of a member of a
tribunal or any post, under the Union or a State, requiring special knowledge
of law;]
6 [(aa) in computing the period during which a
person has been an advocate of a High Court, there shall be included any period
during which the person 7 [has held judicial office or the office of
a member of a tribunal or any post, under the Union or a State, requiring
special knowledge of law] after he became an advocate;]
(b) in computing the period during which a person has held
judicial office in the territory of India or been an advocate of High Court,
there shall be included any period before the commencement of this Constitution
during which he has held judicial office in any area which was comprised before
the fifteenth day of August, 1947, within India as defined by the Government of
India Act,1935, or has been an advocate of any High Court in any such area, as
the case may be.
8 [(3) If any
question arises as to the age of a Judge of a High Court, the question shall be
decided by the President after consultation with the Chief Justice of India and
the decision of the President shall be final.]—
1. Substituted by the
Constitution (Seventh Amendment) Act, 1956, section 12, for "shall hold
office until he attains the age of sixty years".
2. Substituted by the
Constitution (Fifteen Amendment) Act, 1963, section 4, for "sixty
years" (w.e.f. 5-10-1963).
3. The words "in any State
specified in the First Schedule" omitted by the Constitution (Seventh
Amendment) Act, 1956, section 29 and Schedule.
4. The words "or" and
sub-clause (c) were Inserted by the Constitution (Forty-second Amendment) Act,
1976, section 36 (w.e.f. 3-1-1977) and omitted by the Constitution
(Forty-fourth Amendment) Act, 1978, section 28 (w.e.f. 20-6-1979).
6. Clause (a) re-lettered as clause (aa) by the
Constitution (Forty-fourth Amendment) Act, 1978, section 28 (w.e.f. 20-6-1979).
7. Substituted by the
Constitution (Forty-second Amendment) Act, 1976, section 36, for "has held
judicial office" (w.e.f. 3-1-1977).
8. Inserted by the Constitution
(Fifteenth Amendment) Act, 1963, section 4 (with retrospectively effect).
Article
218 - Application of certain provisions Application of certain provisions
relating to Supreme Court to High Courts
The provisions of clauses (4) and (5) of Article 124 shall
apply in relation to a High Court as they apply in relation to the Supreme
Court with the substitution of references to the High Court for references to
the Supreme Court.
Article 219 - Oath or affirmation by Judges of High Courts
Every person appointed to be a Judge of a High Court1[***]
shall, before he enters upon his office, make and subscribe before the Governor
of the State, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third
Schedule.
1. The words "in a State" omitted by the
Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.
Article 220 - Restriction on practice after being a permanent Judge
1
[220. Restriction on practice after being a permanent Judge
No person who, after the commencement of this Constitution,
has held office as a permanent Judge of a High Court shall plead or act in any
court or before any authority in India
Explanation.-- In this Article,
the expression "High Court" does not include a High Court for a State
specified in Part B of the First Schedule as it existed before the commencement2
of the Constitution (Seventh Amendment) Act, 1956.]
Article
221 - Salaries etc., of Judges
1 [(1) There shall be paid to the Judges of each
High Court such salaries as may be determined by Parliament by law and, until
provision in that behalf is so made, such salaries as are specified in the
Second Schedule.]
(2) Every Judge shall be entitled to such allowances and to
such rights in respect of leave of absence and pension as may from time to time
be determined by or under law made by Parliament and, until so determined, to
such allowances and rights as are specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his
rights in respect of leave of absence shall be varied to his disadvantage after
his appointment.
1. Substituted by the Constitution (Fifty-fourth
Amendment) Act, 1986, section 3, for clause (1) (w.e.f. 1-4-1986).
Article
222 - Transfer of a Judge from one High Court to another
(1) The President
may, after consultation with the Chief Justice of India, transfer a Judge from
one High Court to any other High Court 1 [***].
2 [(2) When a Judge
has been or is so transferred, he shall, during the period he serves, after the
commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of
the other High Court, be entitled to receive in addition to his salary such
compensatory allowance as may be determined by Parliament by law and, until so
determined, such compensatory allowance as the President may by order fix.]
1. The words "within the territory of India"
omitted by the Constitution (Seventh Amendment) Act, 1956, section 14.
2. Inserted by the Constitution (Fifteenth Amendment)
Act, 1963, section 5. Original clause (2) was omitted by the Constitution
(Seventh Amendment) Act, 1956, section 14.
Article 223 - Appointment of acting Chief Justice
When the office of Chief Justice of a High Court is vacant
or when any such Chief Justice is, by reason of absence or otherwise, unable to
perform the duties of his office, the duties of the office shall be performed
by such one of the other Judges of the court as the President may appoint for
the purposes.
Article
224 - Appointment of additional and acting Judges
1
[224. Appointment of additional and acting Judges
(1) If by reason of any temporary increase in the business
of High Court or by reason of arrears of work therein, it appears to the
President that the number of the Judges of that Court should be for the time
being increased, the President may appoint duly qualified persons to be
additional Judges of the Court for such period not exceeding two years as he may
specify.
(2) When any Judge of a High Court other than the Chief
Justice is by reason of absence or for any other reason unable to perform the
duties of his office or is appointed to act temporarily as Chief Justice, the
President may appoint a duly qualified person to act as a Judge of that Court
until the permanent Judge has resumed his duties.
(3) No person appointed as an
additional or acting Judge of a High Court shall hold office after attaining
the age of2[sixty-two years] . ]
1. Substituted by the Constitution (Seventh Amendment)
Act, 1956, section 15, for Article 224.
Article 224A - Appointment of retired Judges at sittings of High Courts
1 [224A. Appointment of retired Judges at
sittings of High Courts
Notwithstanding anything in this Chapter, the Chief Justice
of a High Court for any State may at any time, 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.
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 226 - Power of High Courts to issue certain writs
1
[226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 2
[***] every High Court shall have powers, throughout the territories in
relation to which it exercise jurisdiction, to issue to any person or
authority, including in appropriate cases, any Government, within those
territories directions, orders or writs, including 3 [writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari],
or any of them, for the enforcement of any of the rights conferred by Part III
and for any other purpose].
(2) The power conferred by clause (1) to issue directions,
orders or writs to any Government, authority or person may also be exercised by
any High Court exercising jurisdiction in relation to the territories within
which the cause of action, wholly or in part, arises for the exercise of such
power, notwithstanding that the scat of such Government or authority or the
residence of such person is not within those territories.]
4 [(3) Where any party against whom an interim
order, whether by way of injunction or stay or in any other manner, is made on,
or in any proceedings relating to, a petition under clause (1), without--
(a) furnishing to such party copies of such petition and
all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard,
makes an application to the High Court for the vacation of
such order and furnishes a copy of such application to the party in whose
favour such order has been made or the counsel of such party, the High Court
shall dispose of the application within a period of two weeks from the date on
which it is received or from the date on which the copy of such application is
so furnished, whichever is later, or where the High Court is closed on the last
day of that period, before the expiry of the next day afterwards on which the
High Court is open; and if the application is not so disposed of, the interim
order shall, on the expiry of that period, or, as the case may be, the expiry
of the said next day, stand vacated.]
5 [(4) The power
conferred on a High Court by this Article shall not be in derogation of the
power conferred on the Supreme Court by clause (2) of Article 32.]
1.
Substituted by the Constitution
(Forty-second Amendment) Act, 1976, section 38, for Article 226 (w.e.f.
1-2-1977).
2. The words, figures and letters "but subject to
the provisions of Article 131A and Article 226A" omitted by the
Constitution (Forty-third Amendment) Act, 1977, section 7 (w.e.f. 13-4-1978).
3. Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 30, for certain words (w.e.f. 1-8-1979).
4. Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 30, for clauses (3) , (4), (5) and (6) (w.e.f.
1-8-1979).
5. Clause (7) renumbered as clause (4) by the
Constitution (Forty-fourth Amendment) Act, 1978, section 30 (w.e.f. 1-8-1979).
Article
226A - Constitutional validity of Central laws not to be considered in
proceedings under Article 226 [Repealed]
1[226A.
Constitutional validity of Central laws not to be considered in proceedings
under Article 226
[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
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 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 228A - Special provisions as to disposal of questions relating to constitutional validity of State Laws [Repealed]
1[228A. Special provisions as to disposal of
question relating to constitutional validity of State Laws
[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
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 230 - Extension of jurisdiction of High Courts to Union territories
1[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
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,-
(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;
(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.]
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