Constitution of India Chapter 5 - Bare Act |
| State | Central Government |
| Year | 1950 |
| Section Title | The High Courts in the States |
1[***] There shall be a High Court for each State.
2[***]
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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.
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.
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[***]
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1. Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, section 11.
(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) ofarticle 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 and--
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court 3 [*'**] or of two or more suchcourts 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, thereshall 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.]--
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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).
5. Inserted 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).
Theprovisions of clauses (4) and (5) of article 124 shall apply in relation to aHigh Court as they apply in relation to the Supreme Court with the substitutionof references to the High Court for references to the Supreme Court.
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.
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1. The words "in a State" omitted by the Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.
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 except the Supreme Court and the other High Courts.
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.]
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1. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 13, for article 220.
2. 1st November, 1956.
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.
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1. Substituted by the Constitution (Fifty-fourth Amendment) Act, 1986, section 3, for clause (1) (w.e.f. 1-4-1986).
(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.]
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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.
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.
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 specif y .
(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] . ]
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1. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 15, for article 224.
2. Substituted by the Constitution (Fifteenth Amendment) Act, 1963, section 6, for "sixty years".
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.]
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1. Inserted by the Constitution (Fifteenth Amendment) Act, 1963, section, 7.
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.]
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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).
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.]
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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).
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)]]
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1. Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 39 (w.e.f. 1-2-1977).
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 ofsuch courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any suchcourts.
(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 [***]
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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).
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.
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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).
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)]]
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1. Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 42 (w.e.f. 1-2-1977 ).
(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.
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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.
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.
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1. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 16, for articles 230,231 and 232
(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.]
[Omitted vide Constitution (Seventh Amendment) Act, 1956.]