Jurisdiction of existing High Courts
Article 225 — Jurisdiction of existing High Courts
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: 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.] 226. Power of High Courts to issue certain writs.—(1) Notwithstanding anything in article 32 3***, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including 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 seat of such Government or authority or the residence of such person is not within those territories. (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.] (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.] 226A. Constitutional validity of Central laws not to be considered in proceedings under article 226.].—Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978).
Plain English Summary
This article states that the powers and jurisdiction of existing High Courts, including how they manage their court proceedings, remain the same as they were before the Constitution came into effect. It also grants High Courts the power to issue various legal orders (writs) to enforce fundamental rights and other purposes.
Key Points
- Continuity of Jurisdiction: The jurisdiction and powers of existing High Courts are maintained as they were before the Constitution.
- Original Jurisdiction Exception: A specific exception exists regarding revenue matters, where previous restrictions on original jurisdiction concerning revenue collection no longer apply.
- Power to Issue Writs (Article 226): Every High Court can issue writs (like habeas corpus, mandamus, etc.) to enforce rights under Part III (Fundamental Rights) or for any other purpose.
- Jurisdiction Over Cause of Action: A High Court can issue writs even if the person or government against whom the writ is sought is outside the court's territorial jurisdiction, provided the cause of action arises within that territory.
Why It Matters
This article ensures that the established judicial framework and the power of High Courts to protect fundamental rights remain robust and consistent under the new Constitution.
Landmark Judgements
No major landmark judgements.