49. High Courts for the new States.―(1) The High Courts exercising immediately before the
appointed day jurisdiction in relation to the existing States of Bombay, Madhya Pradesh, and Punjab
shall, as from the appointed day, be deemed to be the High Courts for the new States of Bombay, Madhya
Pradesh and Punjab, respectively.
(2) As from the appointed day, there shall be established a High Court for each of the new States of
Kerala, Mysore and Rajasthan.
50. Abolition of certain Courts.―(1) As from the appointed day, the High Courts of all the existing
Part B States, except Jammu and Kashmir, and the Courts of the Judicial Commissioners for Ajmer,
Bhopal, Kutch and Vindhya Pradesh shall cease to function and are hereby abolished.
(2) Nothing in sub-section (1) shall prejudice or affect the continued operation of any notice served,
injunction issued, direction given or proceedings taken before the appointed day by any of the Courts
abolished by that sub-section under the powers then conferred upon that Court.
(3) Every such Judge of a High Court abolished by sub-section (1) as the President after consultation
with the Chief Justice of India may, by order made before the appointed day, specify shall, as from that
day, become a Judge, or if so specified the Chief Justice, of such High Court as the President may in that
order specify.
51. Principal seat and other places of sitting of High Courts for new States.―(1) The principal
seat of the High Court for a new State shall be at such place as the President may, by notified order,
appoint.
(2) The President may, after consultation with the Governor of a new State and the Chief Justice of
the High Court for that State, by notified order, provide for the establishment of a permanent bench or
benches of that High Court at one or more places within the State other than the principal seat of the High
Court and for any matters connected therewith.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division
courts of the High Court for a new State may also sit at such other place or places in that State as the
Chief Justice may, with the approval of the Governor, appoint.
52. Jurisdiction of High Courts for new States.―The High Court for a new State shall have, in
respect of any part of the territories included in that new State, all such original, appellate and other
jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of
that part of the said territories by any High Court or Judicial Commissioner's Court for an existing State.
53. Power to enrol advocates, etc.―(1) The High Court for a new State shall have the like powers
to approve, admit, enrol, remove and suspend advocates and attorneys, and to make rules with respect to
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advocates and attorneys as are, under the law in force immediately before the appointed day, exercisable
by the High Court for the corresponding State.
(2) The right of audience in the High Court for a new State shall be regulated in accordance with the
like principles as, immediately before the appointed day, are in force with respect to the right of audience
in the High Court for the corresponding State:
Provided that, subject to any rule made or direction given by the High Court for a new State in
exercise of the power conferred by this section, any person who, immediately before the appointed day, is
an advocate entitled to practise, or an attorney entitled to act in any such High Court or Judicial
Commissioner's Court as may be specified in this behalf by the Chief Justice of the High Court for the
new State, shall be recognised as an advocate or an attorney entitled to practise or to act, as the case may
be, in the High Court for the new State.
54. Practice and procedure.―Subject to the provisions of this Part, the law in force immediately
before the appointed day with respect to practice and procedure in the High Court for the corresponding
State shall, with the necessary modifications, apply in relation to the High Court for a new State, and
accordingly, the High Court for the new State shall have all such powers to make rules and orders with
respect to practice and procedure as are, immediately before the appointed day exercisable by the High
Court for the corresponding State:
Provided that any rules or orders which are in force immediately before the appointed day with
respect to practice and procedure in the High Court for the corresponding State shall, until varied or
revoked by rules or orders made by the High Court for a new State, apply with the necessary
modifications in relation to practice and procedure in the High Court for the new State as if made by that
Court.
55. Custody of seal of the High Court.―The law in force immediately before the appointed day
with respect to the custody of the seal of the High Court for the corresponding State shall, with the
necessary modifications, apply with respect to the custody of the seal of the High Court for a new State.
56. Form of writs and other processes.―The law in force immediately before the appointed day
with respect to the form of writs and other processes used, issued or awarded by the High Court for the
corresponding State shall, with the necessary modifications, apply with respect to the form of writs and
other processes used, issued or awarded by the High Court for a new State.
57. Powers of Judges.―The law in force immediately before the appointed day relating to the
powers of the Chief Justice, single Judges and division courts of the High Court for the corresponding
State and with respect to matters ancillary to the exercise of those powers shall, with the necessary
modifications, apply in relation to the High Court for a new State.
58. Procedure as to appeals to the Supreme Court.―The law in force immediately before the
appointed day relating to appeals to the Supreme Court from the High Court for the corresponding State
and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the
High Court for a new State.
59. Transfer of proceedings to Bombay High Court.―(1) Except as hereinafter provided, the High
Court at Nagpur (which on the appointed day becomes the High Court for the new State of Madhya
Pradesh and is referred to in this Act as the High Court of Madhya Pradesh) shall, as from that day, have
no jurisdiction in respect of the territory transferred from the existing State of Madhya Pradesh to the new
State of Bombay.
(2) Such proceedings pending in the High Court at Nagpur or the High Court of Hyderabad
immediately before the appointed day as are certified by the Chief Justice of that High Court, having
regard to the place of accrual of the cause of action and other circumstances, to be proceedings which
ought to be heard and decided by the High Court for the new State of Bombay (referred to in this Act as
24
the High Court of Bombay) shall, as soon as may be after such certification, be transferred to the High
Court of Bombay.
(3) All proceedings pending in the High Court of Saurashtra or in the Court of the Judicial
Commissioner for Kutch immediately before the appointed day shall stand transferred to the High Court
of Bombay.
(4) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided,
the High Court of Madhya Pradesh shall have, and the High Court of Bombay shall not have, jurisdiction
to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court,
applications for review and other proceedings, where any such proceedings seek any relief in respect of
any orders passed by the High Court at Nagpur before the appointed day:
Provided that if after any such proceedings have been entertained by the High Court of Madhya
Pradesh it appears to the Chief Justice of that High Court that they ought to be transferred to the High
Court of Bombay, he shall order that they shall be so transferred, and such proceedings shall thereupon be
transferred accordingly.
(5) Any order made before the appointed day by any Court referred to in sub-section (2) or
sub-section (3) in any proceedings transferred to the High Court of Bombay by virtue of sub-section (2)
or sub-section (3) shall for all purposes have effect, not only as an order of that Court, but also as an order
of the High Court of Bombay; and any order made by the High Court of Madhya Pradesh in any
proceedings with respect to which that Court retains jurisdiction by virtue of sub-section to (4) shall for
all purposes have effect, not only as an order of that High Court, but also as an order of the High Court of
Bombay.
60. Extension of jurisdiction of, and transfer of proceedings to, Kerala High Court.―(1) As
from the appointed day the jurisdiction of the High Court for the State of Kerala (referred to in this Act as
the High Court of Kerala) shall extend to the 1
[Union territory] of the Laccadive, Minicoy and Amindivi
Islands.
(2) Except as hereinafter provided, the High Court at Madras shall, as from the appointed day, have
no jurisdiction in respect of the said 1
[Union territory] or in respect of any territory transferred from the
State of Madras to the State of Kerala.
(3) Such proceedings pending in the High Court at Madras immediately before the appointed day as
are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of
action and other circumstances, to be proceedings which ought to be heard and decided by the High Court
of Kerala shall, as soon as may be after such certification, be transferred to the High Court of Kerala.
(4) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided,
the High Court at Madras shall have, and the High Court of Kerala shall not have, jurisdiction to
entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications
for review and other proceedings, where any such proceedings seek any relief in respect of any order
passed by the High Court at Madras before the appointed day:
Provided that if after any such proceedings have been entertained by the High Court at Madras it
appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Kerala, he shall order that they shall be so transferred, and such proceedings shall thereupon be
transferred accordingly.
1. Subs. by the Adaptation of Laws (No. 1) Order, 1956, for “Part C State”.
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(5) Any order made by the High Court at Madras—
(a) before the appointed day in any proceedings transferred to the High Court of Kerala by virtue
of sub-section (3); or
(b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by
virtue of sub-section (4),
shall for all purposes have effect, not only as an order of the High Court at Madras, but also as an order
made by the High Court of Kerala.
(6) All proceedings pending in the High Court of Travancore-Cochin immediately before the
appointed day other than those certified by the Chief Justice of that High Court under sub-section (2) of
section 66 shall stand transferred to the High Court of Kerala, and any order made before the appointed
day by the first mentioned High Court in any such proceedings shall for all purposes have effect, not only
as an order of that High Court, but also as an order of the High Court of Kerala.
61. Transfer of proceedings to Madhya Pradesh High Court.―(1) Such proceedings pending in
the High Court of the existing State of Rajasthan immediately before the appointed day as are certified by
the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other
circumstances, to be proceedings which ought to be heard and decided by the High Court of Madhya
Pradesh shall, as soon as may be after such certification, be transferred to the High Court of Madhya
Pradesh.
(2) All proceedings pending in the High Court of Madhya Bharat or in the Court of the Judicial
Commissioner for Bhopal or in the Court of the Judicial Commissioner for Vindhya Pradesh, immediately
before the appointed day, shall stand transferred to the High Court of Madhya Pradesh.
(3) Any order made before the appointed day by any Court referred to in sub-section (1) or
sub-section (2) shall for all purposes have effect not only as an order of that Court but also as an order of
the High Court of Madhya Pradesh.
62. Transfer of proceedings to Mysore High Court.―(1) Except as hereinafter provided, neither
the High Court of Bombay nor the High Court at Madras shall, as from the appointed day, have
jurisdiction in respect of any territory transferred from the existing State of Bombay or the State of
Madras, as the case may be, to the new State of Mysore.
(2) Such proceedings pending in the High Court of Hyderabad or the High Court at Bombay or
Madras, immediately before the appointed day, as are certified by the Chief Justice of that High Court,
having regard to the place of accrual of the cause of action and other circumstances, to be proceedings
which ought to be heard and decided by the High Court for the new State of Mysore (referred to in this
Act as the High Court of Mysore) shall, as soon as may be after such certification, be transferred to the
High Court of Mysore.
(3) Notwithstanding anything contained in sub-sections (1) and (2) but save as hereinafter provided,
the High Court of Bombay or, as the case may be, the High Court at Madras shall have, and the High
Court of Mysore shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave
to appeal to the Supreme Court, applications for review and other proceedings, where any such
proceedings seek any relief in respect of any order passed by the High Court at Bombay or Madras before
the appointed day:
Provided that if after any such proceedings have been entertained by the High Court of Bombay or at
Madras it appears to the Chief Justice of that High Court that they ought to be transferred to the High
Court of Mysore, he shall order that they shall be so transferred and such proceedings shall thereupon be
transferred accordingly.
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(4) Any order made by the High Court of Hyderabad before the appointed day in any proceedings
transferred to the High Court of Mysore by virtue of sub-section (2) shall, for all purposes, have effect not
only as an order of the High Court of Hyderabad, but also as an order made by the High Court of Mysore.
(5) Any order made by the High Court at Bombay or Madras—
(a) before the appointed day in any proceedings transferred to the High Court of Mysore by virtue
of sub-section (2), or
(b) the said High Court shall be known as the High Court of Bombay or at Madras retains
jurisdiction by virtue of sub-section (3),
shall, for all purposes, have effect not only as an order of the High Court of Bombay or at Madras, but
also as an order of the High Court of Mysore.
(6) All proceedings pending in the High Court of the existing State of Mysore immediately before the
appointed day, shall stand transferred to the High Court of Mysore; and any order made before the
appointed day by the first mentioned High Court in any such proceedings shall for all purposes have
effect, not only as an order of that High Court, but also as an order of the High Court of Mysore.
63. Transfer of proceedings to Punjab High Court.―(1) All proceedings pending in the High
Court of Patiala and East Punjab States Union immediately before the appointed day shall stand
transferred to the High Court for the new State of Punjab (referred to in this Act as the High Court of
Punjab).
(2) Any order made before the appointed day by the High Court of Patiala and East Punjab States
Union shall for all purposes have effect, not only as an order of that Court, but also as an order made by
the High Court of Punjab.
64. Transfer of proceedings to Rajasthan High Court.―(1) As from the appointed day, the High
Court of Bombay shall have no jurisdiction in respect of the territory transferred from the existing State of
Bombay, to the new State of Rajasthan.
(2) Such proceedings pending in the High Court at Bombay or the High Court of Madhya Bharat
immediately before the appointed day as are certified by the Chief Justice of that High Court, having
regard to the place of accrual of the cause of action and other circumstances, to be proceedings which
ought to be heard and decided by the High Court for the new State of Rajasthan (referred to in this Act as
the High Court of Rajasthan) shall, as soon as may be after such certification, be transferred to the High
Court of Rajasthan.
(3) All proceedings pending in the High Court of the existing State of Rajasthan immediately before
the appointed day other than those certified under sub-section (1) of section 61 and all proceedings
pending in the Court of the Judicial Commissioner for Ajmer immediately before the appointed day shall
stand transferred to the High Court of Rajasthan.
(4) Any order made before the appointed day by any Court referred to in sub-section (2) or
sub-section (3) in any proceedings transferred to the High Court of Rajasthan by virtue of sub-section (2)
or sub-section (3) shall, for all purposes, have effect not only as an order of that Court, but also as an
order of the High Court of Rajasthan.
65. High Court of Andhra Pradesh.―(1) As from the appointed day,―
(a) the jurisdiction of the High Court of the existing State of Andhra shall extend to the whole of
the territories transferred to that State from the existing State of Hyderabad;
(b) the said High Court shall be known as the High Court of Andhra Pradesh; and
(c) the principal seat of the said High Court shall be at Hyderabad.
27
(2) All proceedings pending in the High Court of Hyderabad immediately before the appointed day,
other than those certified by the Chief Justice of that High Court under sub-section (2) of section 59 or
under sub-section (2) of section 62, shall stand transferred to the High Court of Andhra Pradesh.
(3) Any order made by the High Court of Hyderabad before the appointed day in any proceedings
transferred to the High Court of Andhra Pradesh by virtue of sub-section (2) shall, for all purposes, have
effect not only as an order of the High Court of Hyderabad but also as an order made by the High Court of
Andhra Pradesh.
(4) Any person who, immediately before the appointed day, is an advocate entitled to practise in the
High Court of Hyderabad shall, as from the appointed day, be recognised as an advocate entitled to
practise in the High Court of Andhra Pradesh:
Provided that if any such person makes, within one year from the appointed day, an application to the
High Court of Bombay or to the High Court of Mysore for being recognised as an advocate entitled to
practise in that High Court, he shall be so recognised, and on such recognition, he shall cease to be
recognised as an advocate entitled to practise in the High Court of Andhra Pradesh.
66. High Court for the areas added to Madras.―(1) Except as hereinafter provided the jurisdiction
of the High Court at Madras shall, as from the appointed day, extend to the whole of the territories
transferred to the State of Madras from the State of Travancore-Cochin.
(2) Such proceedings pending in the High Court of Travancore-Cochin immediately before the
appointed day as are certified before that day by the Chief Justice of that High Court having regard to the
place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard
and decided by the High Court at Madras shall, as soon as may be after such certification, be transferred
to the High Court at Madras.
(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided,
the High Court of Kerala shall have, and the High Court at Madras shall not have, jurisdiction to
entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications
for review and other proceedings where any such proceedings seek any relief in respect of any order
passed by the High Court of Travancore-Cochin before the appointed day:
Provided that if, after any such proceedings have been entertained by the High Court of Kerala, it
appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at
Madras, he shall order that they shall be so transferred, and such proceedings shall thereupon be
transferred accordingly.
(4) Any order made—
(a) by the High Court of Travancore-Cochin before the appointed day in any proceedings
transferred to the High Court at Madras by virtue of sub-section (2); or
(b) by the High Court of Kerala in any proceedings with respect to which that High Court retains
jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect, not only as an order of the
High Court of Travancore-Cochin or the High Court of Kerala, as the case may be, but also as an
order made by the High Court at Madras.
(5) Subject to any rule made or direction given by the High Court at Madras, any such person who
immediately before the appointed day is an advocate entitled to practise in the High Court of TravancoreCochin as may be specified in this behalf by the Chief Justice of the High Court at Madras having regard
to the transfer of territories from Travancore-Cochin to Madras, shall be recognised as an advocate
entitled to practise in the High Court at Madras.
67. Right to appear or act in proceedings transferred to other High Courts.―Any person who
immediately before the appointed day is an advocate entitled to practise, or an attorney entitled to act, in
28
the High Court for an existing State and was authorised to appear or to act in any proceedings transferred
from that High Court to any other High Court under any of the foregoing provisions of this Part shall have
the right to appear or to act, as the case may be, in the other High Court in relation to those proceedings
68. Interpretation.―For the purposes of sections 59 to 66―
(a) proceedings shall be deemed to be pending in a Court until that court has disposed of all
issues between the parties, including any issues with respect to the taxation of the costs of the
proceedings and shall include appeals, applications for leave to appeal to the Supreme Court,
applications for review, petitions for revision and petitions for writs;
(b) references to a High Court shall be construed as including references to a Judge or division
court thereof, and references to an order made by a Court or a Judge shall be construed as including
references to a sentence, judgment or decree passed or made by that Court or Judge.
69. Savings.―Nothing in this Part shall affect the application to the High Court for a new State of
any provisions of the Constitution, and this Part shall have effect subject to any provision that may be
made on or after the appointed day with respect to that High Court by any Legislature or other authority
having power to make such provision.