High Courts for Union territories
Article 241 — High Courts for Union territories
constitute a High Court for a Union territory or declare any court in any such territory] to be a High Court for all or any of the purposes of this Constitution. (2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide. (3) 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 or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement. (4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.]
Plain English Summary
This article deals with the establishment of High Courts specifically for Union Territories. It gives Parliament the power to decide whether a court in a Union Territory will function as a High Court under the Constitution.
Key Points
- Parliament can establish a High Court for a Union Territory or designate an existing court as one.
- The rules governing these High Courts are linked to those for regular States, with Parliament having the power to make exceptions.
- Existing jurisdictions of courts in Union Territories before 1956 generally continue after the Constitution came into effect.
- Parliament retains the power to limit or expand the jurisdiction of a High Court over a Union Territory.
Why It Matters
This article is crucial because it defines the judicial structure and authority for Union Territories, ensuring that these areas have a high-level court system under the Constitution.
Landmark Judgements
No major landmark judgements.