Article 230 of the Costitution of India with Case law
Here is a detailed explanation of Article 230 of the Constitution of India, along with relevant case law:
📜 Article 230 – Constitution of India
“Extension of jurisdiction of High Courts to Union territories”
✅ Text of Article 230 (Simplified):
Clause (1):
Parliament may by law:
Extend the jurisdiction of a High Court to, or
Exclude the jurisdiction of a High Court from
any Union Territory.
Clause (2):
If jurisdiction is extended to a Union Territory:
Parliament may provide for any exceptions or modifications to be made in laws to give effect to such extension.
🔍 Key Concepts under Article 230:
| Aspect | Description |
|---|---|
| Who can act? | Parliament only |
| What it allows? | High Court jurisdiction can be extended to Union Territories (UTs) or withdrawn from them |
| Modifications allowed? | Yes, Parliament can alter laws to accommodate extension of jurisdiction |
🏛️ Example of Application:
Delhi: The jurisdiction of the Delhi High Court extends over the Union Territory of Delhi.
Chandigarh: The Punjab and Haryana High Court, situated in Chandigarh, exercises jurisdiction over the Union Territory of Chandigarh.
Andaman and Nicobar Islands: The Calcutta High Court has jurisdiction.
Lakshadweep: The Kerala High Court has jurisdiction over this UT.
All these arrangements are based on laws made under Article 230.
⚖️ Important Case Laws Involving Article 230:
1. Union of India v. Sankalchand Himatlal Sheth
Citation: (1977) 4 SCC 193
Context: Transfer of a judge from one High Court to another (including to a jurisdiction covering a UT).
Held: Jurisdiction under Article 230 enables Parliament to assign UTs to various High Courts, ensuring judicial access without necessarily having separate courts.
2. T. Sudhakar Prasad v. Govt. of A.P.
Citation: (2001) 1 SCC 516
Though primarily about contempt powers, this case acknowledged the legislative competence of Parliament to extend or modify High Court jurisdiction to UTs using Article 230.
3. Naresh Shridhar Mirajkar v. State of Maharashtra
Citation: AIR 1967 SC 1
Relevance: Although not directly on Article 230, it discusses the jurisdictional scope of High Courts — the powers exercised must be backed by constitutional or legal provision, such as Article 230 in the case of UTs.
🧠 Why Article 230 is Important:
Ensures judicial administration in UTs without the need to create separate High Courts for each.
Helps integrate UTs with nearby State judicial systems, maintaining judicial efficiency.
Allows Parliament flexibility in assigning UTs to High Courts.
📚 Summary Table:
| Feature | Details |
|---|---|
| Applies to | Union Territories |
| Jurisdiction given to | High Courts of States, by law of Parliament |
| Authority | Parliament only |
| Purpose | Provide High Court access to UTs without creating new High Courts |
| Modifications allowed? | Yes, laws can be modified for UTs under clause (2) |
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