Part VIII
Article 241

High Courts for Union territories

(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.

Version 1

Article 241, Constitution of India 1950

(1) Parliament may by law constitute a High Court for a State specified in Part C of the First Schedule or declare any court in any such State 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 this Constitution in relation to any State specified in Part C 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 specified in Part A or Part B of the First Schedule to, or from, any State specified in Part C of that Schedule or any area included within that State.

Summary

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

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 2 August 1949.

A member of the Drafting Committee introduced a second amendment to this Article on 16 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 16 October 1949.

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