Actual Article
Article 215: High Courts to be courts of record
Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
UPSC Notes for Article 215
Explanation:
- Court of Record: Article 215 establishes every High Court in India as a court of record. This designation means that a High Court has the authority to keep an enduring record of its proceedings, which ensures that its judgments are preserved and can be cited as precedents in future cases.
- Powers of a Court of Record: Being a court of record also grants the High Court the power to punish for contempt of court. This is a significant aspect of judicial authority, allowing High Courts to maintain their dignity, secure their independence, and enforce their orders effectively.
Key Points:
- Legal Precedence: The records of High Courts are recognized for their probative value and are admissible in all courts as evidence of the truth of the facts and proceedings recorded therein.
- Contempt Powers: The power to punish for contempt helps the High Courts uphold the law and ensure that their authority and orders are respected and followed.
Important Cases and Commissions Related to Article 215
Cases:
- Brahma Prakash Sharma and Others vs The State of Uttar Pradesh: This case discussed the extent of the power to punish for contempt, underscoring the necessity of this power in maintaining the respect and effective functioning of the judiciary.
Commissions:
- Law Commission of India: Has often addressed issues related to the powers and functioning of courts of record, proposing amendments and updates to streamline and strengthen judicial processes.
Important Reports Related to Article 215:
- Administrative Reforms Commission: May have considered the impact of judicial powers, including those related to contempt, on the functioning and perception of the judiciary.
Previous Year Prelims Questions Related to Article 215
- (UPSC Prelims 2016) What does it mean for a High Court to be a ‘court of record’ as per Article 215?
- A. It can record its proceedings for media broadcasting.
- B. It maintains records of its proceedings that are recognized as true and permanent.
- C. It can record evidence and documentation from lower courts.
- D. It is required to publish annual reports. Correct Answer: B. It maintains records of its proceedings that are recognized as true and permanent.
- (UPSC Prelims 2018) What powers are associated with a High Court being a court of record?
- A. Only to maintain records of its proceedings
- B. To publish all its judgments
- C. To punish for contempt of itself
- D. To oversee the functioning of lower courts Correct Answer: C. To punish for contempt of itself
Previous Year Mains Questions Related to Article 215
- Mains 2016: “Analyze the significance of the High Court’s power to punish for contempt within the framework of judicial authority as defined in Article 215.”
- Mains 2019: “Discuss the role of High Courts as courts of record in maintaining judicial precedent and authority in India, as provided under Article 215.”
Additional Insights:
- Judicial Integrity and Authority: Article 215 plays a crucial role in ensuring that High Courts maintain their authority and integrity, facilitating the administration of justice without undue interference.
- Balancing Judicial Power: While the power to punish for contempt is critical, it must be exercised judiciously to balance authority with fairness, ensuring justice remains accessible and equitable.
Understanding Article 215 is crucial for UPSC aspirants as it highlights the constitutional role of High Courts in India’s judicial system, emphasizing their authority and responsibility in upholding the law and maintaining judicial discipline. This knowledge is essential for both preliminary and main examinations, deepening understanding of the judiciary’s function and its foundational principles.