Part VI - The States • Article

Article 231 Simplified: Establishment of a common High Court for two or more States

Article 231 allows Parliament to establish a common High Court for two or more states, or for multiple states and a Union Territory. For such courts, rules for local subordinate courts require approval from the Governor of the state where they are located, while general administrative matters relate to the state of the High Court's principal seat.

Official Text

(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory. (2) In relation to any such High Court,- (a)* **** (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and (c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat: Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.]

Simple Meaning

Explain Like Ten

Parliament can make one single High Court serve as the top court for two or more states (like having one court for both Punjab and Haryana). It helps save resources and makes judicial work more efficient.

Student Mode

Article 231 grants Parliament the power to establish a common High Court for two or more states, or for multiple states and a Union Territory. For such courts, the Governor of the state where subordinate courts are situated retains local rule-making approval, while staff and judge oaths relate to the state containing the principal seat.

Example

The Guwahati High Court serves as the common High Court for Assam, Nagaland, Mizoram, and Arunachal Pradesh. Under Article 231, if the court makes rules for subordinate courts in Mizoram, it must get approval from the Governor of Mizoram, whereas general appointments and staff details are managed in Assam where its principal seat is located.

Key Takeaway

Article 231 enables the sharing of a single High Court across multiple states and Union Territories to optimize judicial administration and resources.

FAQs

Give an example of a common High Court in India.

The Punjab and Haryana High Court (serving Punjab, Haryana, and Chandigarh UT) and the Bombay High Court (serving Maharashtra, Goa, and UT of Dadra & Nagar Haveli and Daman & Diu).

If a common High Court is established, which Governor administers the oath to judges?

The Governor of the State where the High Court has its principal seat.

Who pays the expenses of a common High Court?

The states share the expenses in proportions agreed upon or determined by the President.

Quiz

Who has the power to establish a common High Court for two or more states?

Answer: The Parliament of India

For a common High Court, references to the State Public Service Commission in Article 229 relate to:

Answer: The Union Public Service Commission (UPSC) if the principal seat is in a UT