Actual Article
Article 231: Establishment of a common High Court for two or more States
- 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.
- In relation to any such High Court—
- (a) the reference in Article 217 to the Governor of the State shall be construed as a reference to the Governor of each of the States;
- (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 each of the States; and
- (c) the references in Articles 219 and 229 to the Governor shall be construed as references to the Governor of the State in which the principal seat of the High Court is for the time being situate.
UPSC Notes for Article 231
Explanation:
- Common High Court: Article 231 provides for the establishment of a common High Court for two or more states, or for two or more states and a Union territory, by an act of Parliament. This provision helps in the efficient use of judicial resources, especially in regions where it may not be practical to have separate High Courts.
- References to the Governor: For administrative purposes, the article clarifies how references to the Governor in other articles (217, 227, 219, and 229) should be interpreted when there is a common High Court:
- Article 217 and 227: References to the Governor of the state apply to the Governor of each state involved.
- Article 219 and 229: References to the Governor pertain to the Governor of the state where the principal seat of the High Court is located.
Key Points:
- Efficient Judicial Administration: The provision for a common High Court allows for efficient administration of justice in multiple states or territories, reducing redundancy and optimizing judicial resources.
- Clarification of Administrative Roles: By specifying how references to the Governor should be interpreted, the article ensures clarity in administrative functions and decision-making processes within the common High Court framework.
Important Cases and Commissions Related to Article 231
Cases:
- No specific landmark cases interpreting Article 231 have been noted, as this article primarily deals with the administrative organization of the judiciary.
Commissions:
- Law Commission of India: Might have reviewed the feasibility and implications of establishing common High Courts, providing recommendations to ensure effective judicial administration.
Important Reports Related to Article 231:
- Administrative Reforms Commission: Could have explored the administrative and logistical benefits and challenges of common High Courts, suggesting measures to enhance their functionality and efficiency.
Previous Year Prelims Questions Related to Article 231
- (UPSC Prelims 2016) Who has the authority to establish a common High Court for two or more states?
- A. The President of India
- B. The Chief Justice of India
- C. The Parliament of India
- D. The Governors of the concerned states Correct Answer: C. The Parliament of India
- (UPSC Prelims 2018) How are references to the Governor interpreted in the context of a common High Court as per Article 231?
- A. They apply to the Chief Minister of the principal state
- B. They apply to the President of India
- C. They apply to the Governor of each state involved
- D. They apply to the Chief Justice of the common High Court Correct Answer: C. They apply to the Governor of each state involved
Previous Year Mains Questions Related to Article 231
- Mains 2016: “Discuss the significance of Article 231 in the context of judicial administration in India. How does it facilitate the efficient use of judicial resources?”
- Mains 2019: “Evaluate the challenges and benefits of establishing a common High Court for multiple states as provided under Article 231.”
Additional Insights:
- Resource Optimization: Article 231 emphasizes the importance of optimizing judicial resources by allowing multiple states or territories to share a common High Court, thereby reducing administrative and operational costs.
- Inter-State Cooperation: The establishment of common High Courts fosters inter-state cooperation and coordination, contributing to a more unified and efficient judicial system.
Understanding Article 231 is crucial for UPSC aspirants as it provides insights into the administrative organization of the judiciary, emphasizing the role of Parliament in establishing common High Courts. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the judicial framework and its adaptability to the needs of different regions.