Actual Article
Article 225: Jurisdiction of existing High Courts
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 this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution: Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply.
UPSC Notes for Article 225
Explanation:
- Continuity of Jurisdiction and Powers: Article 225 ensures the continuity of jurisdiction and the powers of existing High Courts as they were before the commencement of the Constitution. This provision is fundamental in maintaining stability and consistency in the judicial system after India became a republic.
- Scope and Limitations: The jurisdiction and powers are subject to the Constitution and any laws made by the appropriate legislature. This means that while High Courts retain their traditional roles and powers, these can be modified or regulated by constitutional provisions or by legislative enactments made under the Constitution.
- Removal of Certain Restrictions: The article specifically mentions that any pre-existing restrictions on the original jurisdiction of High Courts concerning revenue matters are removed. This enhances the ability of High Courts to adjudicate matters involving revenue without being hindered by previous limitations.
Key Points:
- Ensuring Judicial Independence: By maintaining the powers and jurisdiction of High Courts, Article 225 helps preserve judicial independence and ensures that the transition to a constitutional republic does not disrupt the judicial processes.
- Adaptability to Legislative Changes: While protecting existing judicial structures, this article allows for their adaptation and regulation in response to new legislative requirements and constitutional mandates.
Important Cases and Commissions Related to Article 225
Cases:
- No specific landmark cases interpreting Article 225 have been noted, as this article generally concerns the continuity of judicial functions rather than introducing new legal concepts or rights.
Commissions:
- Law Commission of India: Might have reviewed the implications of the constitutional framework on the functioning of High Courts, especially in terms of jurisdictional changes and the removal of restrictions.
Important Reports Related to Article 225:
- Administrative Reforms Commission: Could have examined the impact of constitutional provisions on the efficiency and authority of High Courts, suggesting ways to enhance their functionality within the new constitutional framework.
Previous Year Prelims Questions Related to Article 225
- (UPSC Prelims 2016) What does Article 225 of the Constitution ensure for High Courts?
- A. New powers post-constitution
- B. Continuity of existing powers and jurisdiction as before the Constitution
- C. Complete overhaul of jurisdiction
- D. Reduction in powers Correct Answer: B. Continuity of existing powers and jurisdiction as before the Constitution
- (UPSC Prelims 2018) According to Article 225, what restrictions are removed concerning High Courts?
- A. Restrictions on appellate jurisdiction
- B. Restrictions on original jurisdiction concerning revenue matters
- C. Restrictions on their power to make rules
- D. Restrictions on the number of judges Correct Answer: B. Restrictions on original jurisdiction concerning revenue matters
Previous Year Mains Questions Related to Article 225
- Mains 2016: “Discuss the significance of Article 225 in maintaining the continuity and stability of the judicial system post-independence.”
- Mains 2019: “Evaluate the impact of removing restrictions on the original jurisdiction of High Courts concerning revenue matters as provided by Article 225.”
Additional Insights:
- Balancing Tradition and Reform: Article 225 illustrates the balancing act between maintaining judicial tradition and embracing constitutional reforms, ensuring that the judiciary remains robust yet responsive to the new legal environment.
- Enhanced Judicial Reach: The removal of specific jurisdictional restrictions reflects a move towards enhancing the judicial reach and effectiveness of High Courts in dealing with complex revenue-related cases, thus broadening their scope in contributing to legal governance.
Understanding Article 225 is crucial for UPSC aspirants as it highlights the principles of continuity and transition within the Indian judiciary following the adoption of the Constitution. This knowledge is vital for both preliminary and main examinations, offering a deeper understanding of the judiciary’s adaptation to constitutional norms and legislative changes.