There shall be a High Court for each State.

Debate Summary

Article 191, Draft Constitution

(1) For the purposes of this Constitution the following courts shall, in relation to the territory of India except the States for the time being specified in Part III of the First Schedule, be deemed to be High Courts, that is to say,-

(a) The High Courts in Calcutta, Madras, Bombay, Allahabad, Patna and Nagpur, the High Court of East Punjab and the Chief Court in Oudh;

(b) Any other court in any of these States constituted or re-constituted under this Chapter as a High Court; and

(c) Any other court in any of these States which may be declared by the appropriate Legislature by law to be a High Court for the purposes of this Constitution:

Provided that if provision is made by the appropriate Legislature for the establishment of a High Court to replace any court or courts mentioned in this clause, then, as from the establishment of the new court, this article shall have effect as if the new court were mentioned therein in lieu of the court or courts so replaced.

(2) Save as otherwise provided, the provisions of this Chapter shall apply to every High Court referred to in clause (1) of this article.

 

Draft Article 191 (Article 214) was debated on 6th June 1949. It provided for the creation of High Courts in the states.

 

The Chairman of the Drafting Committee proposed an amendment to wholly substitute the Draft Article with the following:

'191. (1) There shall be a High Court for each State.

(2) For the purpose of this Constitution the High court existing in any Province immediately before the commencement of this Constitution shall be deemed to be the High Court for the corresponding State.

(3) The provisions of this Chapter shall apply to every High Court referred to in this article.’

 

The amendment removed references to Part III of the First Schedule. It was accepted by the Assembly without debate.

 

The amended Draft Article was adopted on 6th of June, 1949.