Constitution Section 241 — High Courts for Union territories

Part VIII — THE UNION TERRITORIES

Constitutional

Summary

Parliament can create a High Court for a Union territory by law, or declare an existing court in that territory to be a High Court for some or all constitutional purposes. The rules that apply to High Courts of states also apply to these Union territory High Courts, but Parliament can change or modify those rules by law. Any High Court that was already handling cases in a Union territory before the Constitution (Seventh Amendment) Act, 1956, will continue to do so after that date, unless the Constitution or a law made by the appropriate legislature says otherwise. This article does not take away Parliament’s power to give a state High Court authority over a Union territory, or to remove that authority.

Official Text

(1) Parliament may by law constitute a High Court for a Union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.

(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide.

(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.

(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.