Part VI: The States

Chapter V - The High Courts in the States

Article 215: High Courts to be Courts of Record

Overview of Article 215: High Courts to be Courts of Record

Original Article:

(215) High Courts to be Courts of Record — 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.

Explanation:

Article 215 designates every High Court in India as a "court of record", granting it the authority to maintain its proceedings and punish for contempt. This ensures the preservation of judicial authority and integrity within India’s legal framework.

Key Points:

1. Designation as a Court of Record

As courts of record, High Courts ensure that their judgments hold evidentiary value and are not subject to challenge by lower courts. This solidifies their authoritative role in the judicial system.

2. Contempt Powers of High Courts

Article 215 empowers High Courts to punish acts or words that disrespect their authority, ensuring judicial dignity and deterring any obstruction to justice.

Historical Significance:

The concept of courts of record originates from British legal traditions, emphasizing consistency and reliability in judicial decisions. Article 215 integrates this principle into Indian jurisprudence, reinforcing the role of High Courts in upholding the rule of law.

Real-Life Examples:

1. Defiance of Court Orders: In a notable case, a government official faced contempt proceedings for failing to comply with a High Court directive. This highlighted the High Court’s authority to enforce compliance under Article 215.

2. Protection of Judicial Integrity: Public figures using platforms to unfairly criticize judicial processes have been held in contempt, demonstrating the role of Article 215 in maintaining public trust in the judiciary.

Debates and Deliberations:

During discussions on June 6, 1949, Dr. B.R. Ambedkar introduced Article 192 (later Article 215), establishing the authority of High Courts as courts of record. Objections were raised to enhance the role of the Supreme Court in determining High Court composition, but Dr. Ambedkar’s proposal was adopted.

References:

  • Constituent Assembly Debates on the judiciary.
  • High Court rulings on contempt cases (public archives).
Article 214 Article 216