Article 440 of the Costitution of India with Case law
🇮🇳 Article 440 of the Constitution of India – Explained with Case Law
🔹 Text of Article 440 – Establishment of a High Court for Hyderabad
"Until a High Court is established for the State of Andhra Pradesh under Article 214, the High Court of Judicature at Hyderabad for the State of Telangana shall be the High Court for the State of Andhra Pradesh."
⚠️ Note: This was applicable during the reorganization of Andhra Pradesh and Telangana and was a temporary provision.
🔍 Explanation of Article 440:
✅ Purpose:
Article 440 is a transitional provision made after the bifurcation of Andhra Pradesh in 2014, which resulted in the creation of Telangana as a separate state.
It allowed the High Court at Hyderabad to serve both Andhra Pradesh and Telangana until separate High Courts were established.
✅ Key Features:
| Feature | Details |
|---|---|
| Article Type | Temporary / Transitional |
| Applies To | States of Andhra Pradesh & Telangana |
| Interim Arrangement | High Court of Judicature at Hyderabad served both states |
| Until When | Until a separate High Court was established for Andhra Pradesh under Article 214 |
| Final Change | Separate High Courts came into effect from 1 January 2019 |
⚖️ Relevant Case Law & Legal Developments:
🔹 1. T. Srinivasa Rao v. Union of India & Ors. (2014)
Citation: W.P. No. 17584 of 2014 (AP HC)
Relevance:
Petition challenged functioning of High Court after bifurcation.
The High Court upheld the arrangement under Article 440, citing it as constitutionally valid and necessary for continuity of justice.
Reinforced Parliament’s power to provide such transitional mechanisms.
🔹 2. High Court Advocates Association of AP v. Union of India (2015)
Citation: AP High Court
Relevance:
Advocates demanded immediate bifurcation of the High Court.
Court observed that Article 440 provides a valid constitutional mechanism until separate High Courts are set up.
Emphasized judicial continuity over administrative urgency.
🔹 3. Supreme Court directions (2018)
The Supreme Court of India ordered the creation of a separate High Court for Andhra Pradesh, effective 1 January 2019, in accordance with Article 214.
Article 440 ceased to apply from that date.
📌 Summary Table:
| Attribute | Details |
|---|---|
| Article | 440 |
| Title | Establishment of High Court for Hyderabad |
| Purpose | Interim judicial arrangement post Telangana formation |
| States Involved | Andhra Pradesh and Telangana |
| Duration | 2014–2019 |
| Legal Backing | Upheld in T. Srinivasa Rao v. UOI |
| Final Outcome | Separate High Courts established from 1 Jan 2019 |
🧠 Conclusion:
Article 440 was a transitional constitutional provision to ensure judicial continuity after the bifurcation of Andhra Pradesh in 2014. It authorized the High Court at Hyderabad to function for both states until separate High Courts were created. This provision has now served its purpose and is effectively redundant since 2019.
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