Part VI - The States • Article

Article 225 Simplified: Jurisdiction of existing High Courts

Article 225 preserves the legal jurisdiction, rule-making powers, and administrative practices of High Courts that existed before the Constitution commenced, subject to new constitutional provisions and state legislative laws. Importantly, it abolished a colonial-era restriction that had barred High Courts from hearing cases related to government revenue or tax collection in their original jurisdiction.

Official Text

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.]

Simple Meaning

Explain Like Ten

This rule says that all the High Courts that existed before India became a republic get to keep their old powers and rules. It also removed an old colonial rule that had stopped High Courts from hearing cases about government taxes and revenue.

Student Mode

Article 225 maintains the jurisdiction, administrative powers, and rule-making authority of High Courts established prior to the Constitution's commencement, subject to federal and state laws. Crucially, the proviso repealed the historic colonial restriction that barred High Courts from exercising original jurisdiction in matters concerning public revenue or its collection.

Example

The Bombay High Court retains its pre-1950 powers to draft its own internal court rules and form division benches. Furthermore, whereas colonial rules barred it from directly hearing challenges to local tax collections, Article 225 removes this barrier, enabling citizens to file revenue-related cases directly in the High Court.

Key Takeaway

Article 225 preserves existing High Court jurisdictions and rule-making powers while explicitly removing colonial-era bans on revenue/tax cases.

FAQs

What colonial-era restriction did Article 225 remove?

It removed the restriction that barred High Courts from hearing cases related to government revenue or tax collection in their original jurisdiction.

Can state legislatures modify High Court jurisdiction?

Yes, subject to constitutional limits, the appropriate legislature can pass laws regulating High Court jurisdiction.

Does the High Court have power to make its own internal rules?

Yes, Article 225 preserves the power of High Courts to make rules of the court and regulate division benches.