Part VIII - The Union Territories • Article

Article 241 Simplified: High Courts for Union territories

Article 241 empowers Parliament to establish a High Court for any Union Territory (such as the High Court of Delhi) or designate an existing court in India as the High Court for a Union Territory (such as the Punjab and Haryana High Court for Chandigarh). Parliament can also modify how state High Court rules apply to Union Territories.

Official Text

(1) Parliament may by law constitute a High Court for a [Union territory] or declare any court in any [such territory] to be a High Court for all or any of the purposes of this Constitution. (2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide. [(3) 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 or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement. (4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.]

Simple Meaning

Explain Like Ten

Normally, only states have their own High Courts. This rule says that Parliament can create a new High Court for a Union Territory, or let a nearby state's High Court handle its cases.

Student Mode

Article 241 empowers Parliament by law to constitute a High Court for a Union Territory, declare any court in such territory to be a High Court, or extend/exclude the jurisdiction of a state High Court to/from a UT. Provisions of Chapter V of Part VI (High Courts) apply to UT High Courts with necessary modifications.

Example

When the Delhi High Court was established in 1966, Parliament passed the Delhi High Court Act under the authority of Article 241, giving Delhi its own dedicated High Court. For other Union Territories like Puducherry, Parliament has designated the Madras High Court to exercise jurisdiction.

Key Takeaway

Article 241 gives Parliament the authority to create High Courts for Union Territories or attach them to existing state High Courts.

FAQs

Which Union Territory currently has its own dedicated High Court?

Delhi is the only Union Territory with its own independent, dedicated High Court (established in 1966 under Article 241). Other UTs are served by nearby state High Courts.

Can a state legislature alter a High Court's jurisdiction over a Union Territory?

No. Under Articles 230 and 241, only the Parliament has the exclusive power to extend, restrict, or abolish a High Court's jurisdiction in relation to a Union Territory.

Which High Court serves the Union Territory of Jammu & Kashmir and Ladakh?

The High Court of Jammu & Kashmir and Ladakh acts as the common High Court for both Union Territories.