ARTICLE 231 by Mahek Upadhayay @LexCliq

WHY IN NEWS?

A fresh piece of news arrive this morning that the common high court for the Union Territory of J&K and the Union Territory of Ladakh has been officially renamed as ‘High Court of Jammu & Kashmir and Ladakh’. The order passed by the President states that, “The present nomenclature is found to be rather long-winding and cumbersome, the said nomenclature may be substituted as High Court of Jammu and Kashmir and Ladakh, which besides being convenient would also be in consonance with the name pattern followed in other common High Courts, namely Punjab and Haryana High Court, which has jurisdiction over the States of Punjab and Haryana and the Union Territory of Chandigarh”

WHO HAS BEEN EMPOWERED TO CONSTITUTE COMMON HIGH COURTS FO TWO or MORE STATES/ UNION TERRITORIES?

The answer lies in Article 231 of The Constitution of India,1949. Art 231 follows that,

  1. Parliament by law has been empowered to establish or to exceed the jurisdiction of already established high court for two or more states or two or more union territories or one state and one union territory.
  2. The oath taken by the judges of a High Court, in reference to Article 219, shall be taken before the Governor of the State in which the principal seat of High Court exercise it’s jurisdiction.
  3. The Appointments of officers and servants made by the Chief Justice of The High Court and would be subject to the laws of the legislature of that state where the principle seat of the concerned high court exercise it’s jurisdiction.
  4. The administrative expenses of the concerned high court shall be charged from the Consolidated Fund of State where this High Court has it’s principal seat.

Thus, it is in the hand of legislature of India, Th Parliament has been given power to constitute the common high courts for two or more states.

ARE THERE OTHER STATES SHARING COMMON HIGH COURTS?

The answer to this question is Yes. The answer, even, lies in figures for number of high courts established and the number of states and of union territories of India. Currently, India contains 28 states and 8 UT’s, nevertheless it has only 25 High Courts established. Out of these 25 High Courts, 7 High Courts  exercise their jurisdiction over more than one state. The list of these 7 High Courts with states having there jurisdiction are:

HIGH COURTS

STATE/ UT’S

BOMBAY

  1. MAHARASHTRA

  2. DADAR & NAGAR HAVELI and DAMAN & DIU

  3. GOA

KOLKATA

  1. WEST BENGAL

  2. ANDAMAN & NICOBAR ISLANDS

MADRAS

  1. TAMIL NADU

  2. PONDICHERRY

GUWAHATI

  1. ASSAM

  2. NAGALAND

  3. MIZORAM

  4. ARUNACHAL PRADESH

KERALA

  1. KERALA

  2. LAKSHADWEEP

PUNJAB

  1. PUNJAB

  2. HARYANA

  3. CHANDIGARH

The newly formed High court of J&K and LADAKH is the 7 high court of such type.

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