Report No. 188

New High Courts

Some High Courts have been separately constituted under exclusive enactments like the Delhi High Court Act, the Karnataka High Court Act, and the Kerala High Court Act etc. These Acts also contain like provisions as set out below. For example, in the Delhi High Court Act, 1966, while section 4(d) states that the Article 225 of the Constitution shall not apply, section 7 refers to and applies the 'practice and procedure' of the High Court of Punjab to the Delhi High Court while section 10(2) deals with the powers of the Chief Justice as follows:

"Section 10(2): Subject to the provisions of sub section (1), the law in force immediately before the appointed day relating to the powers of the Chief Justice, single Judge and Division Courts of the High Court of Punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Delhi."

That means that if section 108 of the Government of India Act, 1915 is applicable to Punjab High Court, that will also apply to the Delhi High Court. It is also necessary here to refer to the provision in section 15 of the Delhi High Court Act which bears the heading 'Savings'. That section reads as follows:

"Section 15: Savings - Save as provided in section 4, nothing in this Act shall affect the application to the High Court of Delhi of any provisions of the Constitution, and this Act shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any legislative or other authority having power to make such provision."

The provisions of the Kerala High Court Act and the Karnataka High Court Act and other such Acts are similar to the above provisions and are therefore subject to subsequent legislation..