Consider the following statements: 1. The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common high court for two or more States or for two or more states and a union territory. 2. The Parliament can extend the jurisdiction of a high court to any union territory or exclude the jurisdiction of a high court from any union territory. Which of the statements given above is/are correct?
Consider the following statements: 1. The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common high court for two or more States or for two or more states and a union territory. 2. The Parliament can extend the jurisdiction of a high court to any union territory or exclude the jurisdiction of a high court from any union territory. Which of the statements given above is/are correct? Correct Answer Both 1 and 2
The correct answer is Both 1 and 2.
Important Points
- Articles 214 to 231 in Part VI of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the high courts.
- The judiciary in a state consists of a high court and a hierarchy of subordinate courts. The high court occupies the top position in the judicial administration of a state.
History
- The institution of high court originated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras.
- In 1866, a fourth high court was established at Allahabad. In the course of time, each province in British India came to have its own high court.
- After 1950, a high court existing in a province became the high court for the corresponding state.
Key Points
- The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common high court for two or more States or for two or more states and a union territory. Hence, statement 1 is correct.
- The territorial jurisdiction of a high court is co-terminus with the territory of a state.
- Similarly, the territorial jurisdiction of a common high court is co-terminus with the territories of the concerned states and union territory.
- Delhi is the only union territory that has a high court of its own (since 1966).
- The other union territories fall under the jurisdiction of different state high courts.
- The Parliament can extend the jurisdiction of a high court to any union territory or exclude the jurisdiction of a high court from any union territory. Hence, statement 2 is correct.
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Feb 20, 2025