Actual Article
Article 230: Extension of jurisdiction of High Courts to Union territories
- Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.
- Where the High Court of a State exercises jurisdiction in relation to a Union territory—
- (a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, reduce, or alter the jurisdiction of the High Court;
- (b) the reference in Article 227 to the Governor shall, in relation to any rules, forms, or tables for subordinate courts in the Union territory, be construed as a reference to the President.
UPSC Notes for Article 230
Explanation:
- Extension of Jurisdiction: Article 230 grants Parliament the power to extend or exclude the jurisdiction of a High Court to any Union territory. This ensures that Union territories, which do not have their own High Courts, can be brought under the jurisdiction of a nearby state High Court, facilitating judicial access and administration.
- Limitations on State Legislature: When a High Court’s jurisdiction is extended to a Union territory, the state legislature cannot alter the jurisdiction of that High Court in relation to the Union territory. This provision ensures that the extension of jurisdiction is solely under the purview of Parliament.
- Role of the President: In cases where a High Court exercises jurisdiction over a Union territory, references to the Governor in Article 227 (regarding rules for subordinate courts) are interpreted as references to the President. This underscores the central government’s role in administering Union territories.
Key Points:
- Parliamentary Authority: The article emphasizes the role of Parliament in determining the judicial framework for Union territories, ensuring a uniform and centralized approach.
- Judicial Access for Union Territories: By allowing the extension of High Court jurisdiction, the article facilitates judicial access for residents of Union territories, ensuring they are not deprived of higher judicial recourse.
Important Cases and Commissions Related to Article 230
Cases:
- No specific landmark cases interpreting Article 230 have been noted, as this article generally deals with the administrative extension of judicial jurisdiction rather than contentious legal principles.
Commissions:
- Law Commission of India: Might have reviewed and recommended the extension of judicial jurisdiction to ensure effective legal administration in Union territories.
Important Reports Related to Article 230:
- Administrative Reforms Commission: Could have explored the administrative and judicial challenges faced by Union territories and suggested mechanisms for effective judicial oversight and access.
Previous Year Prelims Questions Related to Article 230
- (UPSC Prelims 2016) Who has the power to extend the jurisdiction of a High Court to a Union territory?
- A. The President of India
- B. The Parliament of India
- C. The Chief Justice of India
- D. The Governor of the concerned state Correct Answer: B. The Parliament of India
- (UPSC Prelims 2018) In the context of Article 230, who acts as the Governor for rules related to subordinate courts in a Union territory?
- A. The Chief Minister of the State
- B. The Chief Justice of India
- C. The President of India
- D. The Home Minister Correct Answer: C. The President of India
Previous Year Mains Questions Related to Article 230
- Mains 2016: “Discuss the significance of Article 230 in providing judicial access to Union territories in India.”
- Mains 2019: “Evaluate the role of Parliament in extending the jurisdiction of High Courts to Union territories under Article 230.”
Additional Insights:
- Centralized Judicial Oversight: Article 230 ensures that the central government can manage the judicial needs of Union territories, providing a cohesive legal framework that aligns with national standards.
- Enhanced Judicial Reach: By extending the jurisdiction of High Courts to Union territories, the article enhances the reach of the judiciary, ensuring that all regions have access to higher judicial mechanisms.
Understanding Article 230 is crucial for UPSC aspirants as it provides insights into the mechanisms that ensure judicial access and administration in Union territories, emphasizing the role of Parliament in shaping the judicial landscape. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the judicial framework and its adaptation to different administrative regions.