Part VIII: The Union Territories

Article 241: High Courts for Union Territories

Original Article:

(1) Parliament may by law establish High Courts for Union Territories or designate an existing court as a High Court for constitutional purposes.

(2) The provisions of Chapter V of Part VI apply to these High Courts, with modifications as prescribed by Parliament.

(3) High Courts exercising jurisdiction before the Seventh Amendment Act, 1956, continue to do so unless modified by law.

(4) Parliament may extend or exclude the jurisdiction of a High Court in a state to or from a Union Territory.

Amendments:

• Seventh Amendment Act, 1956: Reorganized judicial jurisdiction for Union Territories.

Amendment Explanation:

Article 241 was amended to include Union Territories after the reorganization of states and the dissolution of Part C States. The Seventh Amendment ensures flexibility in judicial oversight for Union Territories.

Explanations:

Article 241 allows for the establishment of High Courts in Union Territories or the extension of state High Court jurisdiction over them, ensuring judicial coverage and uniformity in administration.

Clause-by-Clause Explanation:

Clause (1): Establishment of High Courts

Parliament can create High Courts specifically for Union Territories or designate existing courts to serve this purpose.

Clause (2): Application of Provisions

Provisions for state High Courts in Part VI also apply to High Courts established under Article 241, subject to modifications by Parliament.

Clause (3): Continuation of Jurisdiction

Existing jurisdiction of High Courts over Union Territories remains valid unless altered by Parliament.

Clause (4): Extension/Exclusion of Jurisdiction

Parliament may extend or limit state High Court jurisdiction over Union Territories.

Historical Significance:

Article 241 addresses the need for a unified judicial structure across India, particularly for Union Territories, ensuring judicial efficiency and accountability.

Debates and Deliberations:

• Shri B.N. Rau: Highlighted the need for flexibility in assigning High Court jurisdiction for smaller regions like Union Territories.
• Dr. B.R. Ambedkar: Stressed the importance of uniformity in judicial administration.

Real-Life Examples:

• Delhi High Court: Established under Article 241, serving the National Capital Territory.
• Goa: Before becoming a state, Goa was under the Bombay High Court’s jurisdiction.

References:

• The Constitution (Seventh Amendment) Act, 1956
• Judicial Interpretations