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Report No. 188

Summing up:

Thus so far as the existing High Courts as on 26.1.50 and those High Courts which have come into existence as off shoots of the existing High Courts under the provisions of the States Re-organisation Act, 1956 or the Punjab Re-organisation Act, or the Bombay Re-organisation Act or other reorganisation Acts, Article 225 governs. Here the powers of the High Court and of the Chief Justice can be modified by the appropriate Legislature. So far as High Courts governed by special Acts like the Delhi High Court, Karnataka High Court or the Kerala High Court etc. are concerned, they contain provisions which permit the power of the High Court and of Chief Justice to be modified by any legislature or other authority having power to make such provision.

Legislative entries and entry relating to 'administration of justice'.

It will next be necessary to refer to the provisions in the Constitution as to which legislature can deal with the present proposals.

We shall also be referring to the meaning of the words 'administration of justice' occurring in the legislative entries. We shall do so a little later when we deal with Entry 1 of List II of Government of India Act, 1935 and Entry 3 of List II of the Constitution (upto 3.1.1977) and entry 11A of List III after 3.1.1977 as to which is the appropriate legislature that can make a provision for the designation of a Division of the High Court as a 'Commercial Division' of the High Court so as to enable the Chief Justice of the High Court to nominate Judges to the 'Commercial Division' from time to time.

We shall now refer to the relevant entries in the Lists in Schedule VII of the Constitution as on today:

Constitution of India (as amended w.e.f. 3.1.1977)



Proposals for Constitution of Hitech Fast Track Commercial Divisions in High Courts Back




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