(1) Parliament may by law 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.

Debate Summary

Draft Article 213A (Article 241) was debated on 2nd August 1949. It was not initially included in the Draft Constitution of India, 1948. Instead, the Chairman of the Drafting Committee, introduced the following as Draft Article 213A:

 “(1) Parliament may by law constitute a High Court for a State for the time being specified in Part II of the First Schedule or declare any Court in any such State to be a High Court for the purposes of this Constitution.

(2) The provisions of Chapter VII of Part VI of this Constitution shall apply in relation to every High Court referred to in clause (1) of this article as they apply in relation to a High Court referred to in article 191 of this Constitution subject to such modifications or exceptions as Parliament may by law provide.

(3)Subject to the provisions of this Constitution and to any provisions of any law of the appropriate Legislature made by virtue of the powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of this Constitution in relation to any State for the time being specified in Part II of the First Schedule or any area included therein shall continue to exercise such jurisdiction in relation to that State or area after such commencement.

(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court in any State for the time being specified in Part I or Part III of the First Schedule to, or from, any State for the time being specified in Part II of that Schedule or any area included within that State.”

 

The Chairman introduced this amendment because there was no constitutional recognition for High Courts for certain States. 

 

There was no substantive debate on this. Draft Article 213A was adopted on 2nd August 1949.

 

A member of the Drafting Committee introduced a second amendment to this Article on 16th October 1949 to substitute “for the purposes of this constitution” in clause (1) to “for all or any of the purposes of this constitution”.  This amendment was subsequently adopted without much debate, on the 16th October 1949.

 

Article 241 was further amended by the Constitution (Seventh Amendment) Act, 1956.