Article 241 of the Costitution of India with Case law
Article 241 of the Constitution of India
Title: High Courts for Union territories
Text of Article 241 (Simplified):
Clause (1):
Parliament may by law establish a High Court for a Union territory or declare any existing court in such a territory to be a High Court.
Clause (2):
The jurisdiction of such a High Court shall be as defined by Parliament.
Clause (3):
The provisions of Part VI (which deals with High Courts for States) shall not apply to High Courts created for Union territories, except as provided by law made by Parliament.
Clause (4):
Nothing in this Article affects the operation of any law for the time being in force relating to the jurisdiction of any existing court in a Union territory.
Purpose of Article 241:
Article 241 gives Parliament the authority to:
Create High Courts for Union Territories (UTs),
Specify their jurisdiction and powers,
And exempt them from some provisions applicable to State High Courts.
Examples of Application:
| Union Territory | High Court |
|---|---|
| Delhi | Has its own High Court (Delhi High Court, established in 1966) |
| Jammu & Kashmir, Ladakh | Jurisdiction under J&K and Ladakh High Court (re-designated post-2019 reorganization) |
| Chandigarh | Under Punjab and Haryana High Court |
| Andaman & Nicobar Islands, Lakshadweep | Under Calcutta and Kerala High Court respectively |
| Daman & Diu, Dadra & Nagar Haveli | Under Bombay High Court |
Key Case Laws on Article 241:
**1. T.N. Khushoo v. R.S. Gill, AIR 1981 SC 149
Issue: Whether a court in a Union Territory has the same status as a High Court under Part VI.
Held:
A court in a UT can be declared a High Court by Parliamentary legislation.
Article 241 enables this declaration, but not all courts in UTs are High Courts unless explicitly designated so.
**2. Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1
Relevance: Though focused on High Court powers generally, the Court reiterated that the constitutional authority of High Courts can vary depending on whether they are for States or Union Territories, as guided by Article 241.
**3. Union of India v. Madras Bar Association, (2021) 7 SCC 321
Relevance:
The Supreme Court observed that judicial independence, as protected under Articles including 241, must be ensured even in tribunals and courts established by Parliamentary legislation for Union Territories.
**4. Delhi High Court Bar Association v. Union of India, AIR 2000 Del 264
Held:
The Delhi High Court was declared a High Court under Article 241, and it has all powers of a constitutional court as defined by law.
Conclusion:
Article 241 provides flexibility to the Parliament to establish independent judicial systems for Union Territories, distinct from the regular High Courts of States. It ensures that UTs are not left judicially powerless and allows customized judicial arrangements as per local needs.
✅ Key Point: A court in a Union Territory is not automatically a High Court — it must be designated so by Parliament under Article 241.
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