Actual Article
Article 241: High Courts for Union territories
- Parliament may by law constitute a High Court for a Union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.
- The provisions of Chapter V of Part VI shall apply to every High Court so constituted, subject to such modifications or exceptions as Parliament may by law provide.
- The jurisdiction of a High Court for a Union territory may, until Parliament by law otherwise provides, be exercised by any other High Court as may be specified by law.
UPSC Notes for Article 241
Explanation:
- Establishment of High Courts: Article 241 grants Parliament the authority to constitute High Courts for Union territories or designate existing courts in these territories as High Courts for constitutional purposes. This ensures that Union territories can have a dedicated High Court for judicial matters.
- Application of Part VI Provisions: The article states that the provisions applicable to High Courts in states (Chapter V of Part VI) also apply to High Courts in Union territories, subject to any modifications or exceptions made by Parliament. This ensures a consistent judicial framework across the Union.
- Jurisdictional Flexibility: Until a High Court is constituted for a Union territory, Parliament can specify an existing High Court to exercise jurisdiction over that Union territory. This allows for judicial oversight and administration in Union territories without the immediate need for establishing a new High Court.
Key Points:
- Judicial Access: By allowing the creation of High Courts for Union territories, Article 241 ensures that residents of these territories have access to higher judicial recourse.
- Parliamentary Control: The power vested in Parliament to modify or provide exceptions to the application of High Court provisions ensures that the unique needs of Union territories can be addressed effectively.
- Interim Arrangements: The provision for existing High Courts to exercise jurisdiction over Union territories provides flexibility and ensures continuous judicial oversight until a dedicated High Court is established.
Important Cases and Commissions Related to Article 241
Cases:
- No specific landmark cases directly interpreting Article 241, as this article primarily deals with the administrative and judicial arrangements for Union territories.
Commissions:
- Law Commission of India: May have reviewed the judicial needs of Union territories and provided recommendations for the establishment or designation of High Courts.
Important Reports Related to Article 241:
- Administrative Reforms Commission: Could have explored the implications of establishing High Courts in Union territories and suggested measures to ensure effective judicial administration.
Previous Year Prelims Questions Related to Article 241
- (UPSC Prelims 2016) Who has the authority to constitute a High Court for a Union territory?
- A. The President of India
- B. The Chief Justice of India
- C. The Parliament of India
- D. The Governor of the Union territory Correct Answer: C. The Parliament of India
- (UPSC Prelims 2018) Until a High Court is constituted for a Union territory, which court can exercise jurisdiction over that territory according to Article 241?
- A. The Supreme Court of India
- B. The High Court of a neighboring state
- C. Any High Court specified by Parliament
- D. The District Court of the Union territory Correct Answer: C. Any High Court specified by Parliament
Previous Year Mains Questions Related to Article 241
- Mains 2016: “Discuss the significance of Article 241 in ensuring judicial access and administration in Union territories of India.”
- Mains 2019: “Evaluate the role of Parliament in constituting and modifying High Courts for Union territories as per Article 241. How does this flexibility benefit the judicial system?”
Additional Insights:
- Ensuring Judicial Oversight: Article 241 ensures that Union territories are not left without higher judicial oversight, promoting legal consistency and access to justice across the country.
- Adaptable Judicial Framework: The ability to modify the application of High Court provisions allows for an adaptable judicial framework that can cater to the specific needs of different Union territories.
Understanding Article 241 is crucial for UPSC aspirants as it highlights the role of Parliament in establishing and modifying judicial arrangements for Union territories, ensuring effective administration of justice. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the judicial framework for Union territories within the Indian Union.