Part VI: The States
Chapter V - The High Courts in the States
Article 225: Jurisdiction of Existing High Courts
Original Article:
(225) 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 this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution:
Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.
Explanation:
Article 225 preserves the jurisdiction and powers of High Courts as they existed before the Constitution's commencement, ensuring continuity in their functions and independence while allowing modifications through constitutional or legislative provisions.
Key Provisions:
1. Continuity of Jurisdiction
The jurisdiction and laws administered by High Courts remain consistent with their pre-Constitution status, barring any changes made through constitutional amendments or state legislature laws.
2. Rule-making Authority
High Courts have the authority to establish procedural rules, ensuring efficient court operations and adaptability to evolving judicial needs.
3. Removal of Revenue Restrictions
The proviso removes earlier restrictions on High Courts' original jurisdiction in revenue matters, emphasizing judicial flexibility in such cases.
Historical Significance:
Article 225 reflects India's intention to maintain judicial stability by preserving pre-existing jurisdictions while adapting to constitutional changes. It underscores the blend of continuity and flexibility in the judiciary's evolution.
Real-Life Examples:
The Delhi High Court’s rule-making for handling commercial disputes highlights Article 225's provision for procedural autonomy, addressing modern judicial challenges effectively.
Frequently Asked Questions (FAQs):
Article 225 ensures continuity in High Courts' jurisdiction while allowing for necessary adaptations through constitutional or legislative means.
Yes, Article 225 empowers High Courts to formulate procedural rules to enhance judicial efficiency and meet regional needs.
The proviso removes restrictions on High Courts’ original jurisdiction in revenue matters, expanding their flexibility in handling such cases.
Debates and Deliberations:
During the drafting of Article 225, the Constituent Assembly emphasized preserving the High Courts' independence and existing jurisdiction. Members discussed the balance between continuity and the evolving needs of a democratic judiciary:
- Dr. B. R. Ambedkar highlighted the importance of maintaining judicial consistency while allowing legislatures to adapt jurisdictions as required.
- Shri Alladi Krishnaswami Ayyar stressed the need to empower High Courts with procedural autonomy to address regional requirements effectively.
- K. T. Shah raised concerns about revenue cases, advocating for clear guidelines to prevent jurisdictional conflicts.
The final adoption of Article 225 ensured a framework that respects judicial independence while accommodating administrative changes.