What is Article 231 of Indian Constitution – Defination & Meaning

Article 231: Establishment of a common High Court for two or more States (1) Notwithstanding anything contained in the preceding provisions of this Chapter,
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Article Number

231

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Part VI – The States

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Bare Acts Text

Article 231: Establishment of a common High Court for two or more States

  • (1) Notwithstanding anything contained in the preceding provisions of 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,—
    • (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and
    • (c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat:
  • Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.
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Full Definition & Explanation

Article 231 of the Indian Constitution allows the Parliament to establish a common High Court for two or more States or for two or more States and a Union territory. This means that instead of each State having its own High Court, multiple States can share a High Court, which can lead to a more efficient judicial system. This provision is particularly beneficial for smaller States or Union territories, where the population may not justify a separate High Court, thus allowing for better resource management and access to justice. The article also specifies how rules and references related to subordinate courts should be interpreted in relation to the High Court. This means that if a common High Court is set up, the rules governing the functioning of subordinate courts will refer to the Governor of the State where these courts are located. This ensures that even though the High Court may serve multiple jurisdictions, the local governance structure remains intact, providing clarity on who is responsible for local judicial matters. Also, if the principal seat of the High Court is located in a Union territory, certain references within the Constitution shift from State to Union authorities. This is key in maintaining the hierarchy and ensuring that governance is consistent, regardless of whether the High Court serves a State or a Union territory. The real-world impact of Article 231 is visible in how it encourages cooperation between States and enhances the overall judicial system in India by making it more accessible and efficient for the public.

Historical Context

This means that instead of each State having its own High Court, multiple States can share a High Court, which can lead to a more efficient judicial system. This provision is particularly beneficial for smaller States or Union territories, where the population may not justify a separate High Court, thus allowing for better resource management and access to justice. The article also specifies how rules and references related to subordinate courts should be interpreted in relation to the High Court. This means that if a common High Court is set up, the rules governing the functioning of subordinate courts will refer to the Governor of the State where these courts are located.

Key Features

– Parliament can create a common High Court for multiple States.
– The article applies to both States and Union territories.
– It clarifies rules for subordinate courts under the common High Court.
– The Governor’s references change based on High Court location.
– Principal seats in Union territories shift authority references to Union entities.

Importance & Impact

– Establishing a common High Court reduces judicial resource duplication
– It enhances access to justice in smaller States and territories.
– The article promotes cooperation between neighboring States
– Judicial efficiency is improved through shared High Court functions
– It ensures local governance remains intact despite shared jurisdiction

Sample UPSC Question

Consider the following statements regarding Article 231 of the Indian Constitution: 1. It allows Parliament to establish a common High Court for two or more States. 2. The functions of subordinate courts are directly managed by the High Court. 3. If the High Court is in a Union territory, certain references change to Union authorities. Which of the above statements is/are correct? A) 1 and 2 only B) 1 and 3 only C) 2 and 3 only D) 1, 2, and 3.

Answer

The correct answer is B) 1 and 3 only. Article 231 allows for a common High Court for multiple States but does not state that subordinate courts are managed directly by the High Court. It does clarify that references change based on the High Court’s location.

Key Takeaways

✓ Article 231 allows common High Courts for multiple States.
✓ It enhances judicial efficiency and access to justice.
✓ Subordinate court rules relate to the State’s Governor.
✓ Principal seat location affects authority references
✓ This article promotes cooperation between neighboring States

FAQs

Article 231 of the Indian Constitution allows the Parliament to establish a common High Court for two or more States or for two or more States and a Union territory. This means that instead of each State having its own High Court, multiple States can share a High Court, which can lead to a more efficient judicial system. This provision is particularly beneficial for smaller States or Union territories, where the population may not justify a separate High.

This means that if a common High Court is set up, the rules governing the functioning of subordinate courts will refer to the Governor of the State where these courts are located. This ensures that even though the High Court may serve multiple jurisdictions, the local governance structure remains intact, providing clarity on who is responsible for local judicial matters. Also, if the principal seat of the High Court is located in a Union territory, certain references within.

Also, if the principal seat of the High Court is located in a Union territory, certain references within the Constitution shift from State to Union authorities. This is key in maintaining the hierarchy and ensuring that governance is consistent, regardless of whether the High Court serves a State or a Union territory. The real-world impact of Article 231 is visible in how it encourages cooperation between States and enhances the overall judicial system in India by making it.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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