Article 231 of the Costitution of India with Case law
🔹 Article 231 of the Constitution of India: Establishment of a Common High Court for Two or More States
📜 Text of Article 231:
(1) Notwithstanding anything in 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) The references in this Constitution to the High Court of a State shall be construed as references to the High Court for the State;
(b) The provisions of this Constitution shall apply accordingly.
🧾 Explanation:
Article 231 empowers Parliament to establish a single High Court that can serve two or more States, or States and Union Territories.
This article overrides Article 214, which otherwise mandates a High Court for each State.
It is an enabling provision that ensures administrative efficiency and resource optimization in judicial services.
⚖️ Key Case Laws Related to Article 231:
1. T. Venkata Reddy v. State of Andhra Pradesh, AIR 1985 SC 724
Though not directly about Article 231, the Court upheld Parliament’s wide legislative powers under the Constitution, affirming its competence to enact laws establishing or reorganizing High Courts, such as through Article 231.
2. Union of India v. Sankalchand Himatlal Sheth, AIR 1977 SC 2328
Dealt with transfer of judges and administrative structure, relevant to common High Courts.
The Court stressed the importance of judicial independence, which remains preserved even under shared High Court arrangements.
3. Ajoy Kumar Banerjee v. Union of India, AIR 1984 SC 1130
Confirmed that a common High Court created under Article 231 has equal status and jurisdiction for all States/UTs it serves.
🏛️ Examples of Common High Courts under Article 231:
| High Court | Jurisdiction |
|---|---|
| Guwahati High Court | Assam, Nagaland, Mizoram, Arunachal Pradesh |
| Punjab and Haryana High Court | Punjab, Haryana, and Union Territory of Chandigarh |
| Bombay High Court | Maharashtra, Goa, Dadra and Nagar Haveli & Daman and Diu |
| Kerala High Court (before 2012) | Kerala and Lakshadweep (still functioning) |
| Madrasa High Court (historically) | Tamil Nadu and Pondicherry |
📌 Key Points Summary:
| Feature | Details |
|---|---|
| Who can establish Common High Court? | Parliament, by law |
| Purpose | For administrative convenience and judicial efficiency |
| Overrides | Article 214, which provides for one High Court per State |
| Constitution References | All references to "High Court of a State" include such Common High Courts |
| Types | For 2 or more States, or States + Union Territory |
🗂️ Related Articles:
| Article | Subject |
|---|---|
| Article 214 | High Courts for States |
| Article 216 | Constitution of High Courts |
| Article 217 | Appointment of High Court Judges |
| Article 222 | Transfer of Judges |
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