Article 225 of the Indian Constitution: Jurisdiction of Existing High Courts

12/20/20233 min read

person holding white samsung android smartphone
person holding white samsung android smartphone

Article 225 of the Indian Constitution lays down the provisions regarding the jurisdiction of the existing High Courts in India. The High Courts, being the highest judicial authorities in the states, play a crucial role in upholding the rule of law and ensuring justice for the citizens.

Background

Before delving into the details of Article 225, it is important to understand the historical context. The Indian Constitution, adopted on 26th January 1950, established a federal system of government with a clear separation of powers between the central and state governments. As part of this system, each state was given its own High Court to administer justice within its jurisdiction.

Jurisdiction of High Courts

Article 225 states that every High Court in existence at the commencement of the Constitution shall continue to function and exercise its jurisdiction, subject to the provisions of the Constitution. This means that the jurisdiction of the existing High Courts, as it stood at the time of the Constitution coming into force, would be preserved.

The jurisdiction of a High Court refers to the extent of its authority to hear and decide cases. It includes both original jurisdiction, where the High Court has the power to hear cases for the first time, and appellate jurisdiction, where the High Court can review decisions made by lower courts.

Under Article 225, the jurisdiction of the High Court extends to all matters of a civil, criminal, or revenue nature, subject to the provisions of the Constitution and any other law enacted by the Parliament or the State Legislature. This ensures that the High Courts have the power to adjudicate on a wide range of legal issues.

Power to Extend Jurisdiction

While Article 225 preserves the existing jurisdiction of the High Courts, it also provides for the power to extend their jurisdiction. The Parliament has the authority to extend, exclude, or modify the jurisdiction of any High Court through legislation.

This power allows the Parliament to redefine the territorial limits of a High Court's jurisdiction, create new benches, or transfer cases between High Courts. It ensures that the jurisdiction of the High Courts can be adapted to meet the changing needs of the legal system and the demands of justice.

Independence of High Courts

One of the key principles underlying the jurisdiction of the High Courts is their independence. The Constitution guarantees the independence of the judiciary, including the High Courts, to ensure that they can function impartially and without interference.

The independence of the High Courts is safeguarded through various provisions, such as the security of tenure for judges, the prohibition on their removal except through the process of impeachment, and the separation of the judiciary from the executive.

Furthermore, the High Courts have the power of superintendence over all courts and tribunals within their jurisdiction. This means that they can supervise the functioning of these lower courts to ensure that justice is administered efficiently and effectively.

Role of High Courts

The High Courts play a vital role in the Indian judicial system. They act as guardians of the Constitution and protect the fundamental rights of the citizens. They have the power to interpret the Constitution and strike down any laws or actions that violate its provisions.

In addition to their constitutional role, the High Courts also have the power to hear appeals from lower courts, revise their decisions, and issue writs for the enforcement of fundamental rights. They have the authority to issue orders, directions, and judgments to ensure justice is served.

Moreover, the High Courts have the power to review administrative actions and decisions made by the executive. They can examine the legality and validity of government actions and provide redress to individuals or entities affected by such actions.

Conclusion

Article 225 of the Indian Constitution plays a crucial role in defining the jurisdiction of the existing High Courts. It ensures that these High Courts continue to function and exercise their authority, while also providing the flexibility to extend or modify their jurisdiction as required.

The High Courts, as the highest judicial authorities in the states, are entrusted with the responsibility of upholding the rule of law and ensuring justice for all. Their independence, coupled with their wide-ranging jurisdiction, allows them to fulfill this important role in the Indian judicial system.