📜 Article 225 of the Indian Constitution
Title: Jurisdiction of existing High Courts
🔹 Text Summary:
Article 225 preserves and protects the jurisdiction and powers of the High Courts as they existed before the commencement of the Constitution (i.e., before 26 January 1950), unless altered by law made by the legislature.
📌 Full Explanation:
Subject to the provisions of the Constitution and to the provisions of any law made by the legislature, the jurisdiction of, and the law administered in, any existing High Court shall be the same as immediately before the commencement of the Constitution.
Additionally:
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The powers of judges, including those in civil, criminal, admiralty, and revenue cases, remain intact.
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Any law made by the legislature (Parliament or State) can alter or extend this jurisdiction.
🧠 Key Takeaways:
| 🔑 Feature | ✅ Details |
|---|---|
| Purpose | To retain the powers and jurisdiction of pre-Constitution High Courts |
| Subject to change by | Legislative action by Parliament or State Legislatures |
| Covers | Jurisdiction, powers of judges, procedures, etc. |
| Applies to | High Courts existing at the time of Constitution's commencement |
| Scope | Civil, criminal, admiralty, revenue, and other original or appellate jurisdiction |
🏛️ Example:
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The Bombay High Court, which existed before 1950, retained all its original jurisdiction (like civil and commercial matters in Mumbai) under Article 225.
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But Parliament can still modify or extend this jurisdiction through law (e.g., by creating new benches or changing limits).
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 225 | Jurisdiction of existing High Courts |
| 226 | Power of High Courts to issue writs |
| 227 | Power of superintendence over lower courts |
| 214 | High Courts for States |
🧾 Historical Context:
Before independence, High Courts were governed by British statutes like:
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Indian High Courts Act, 1861
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Government of India Act, 1935
Article 225 ensures continuity of jurisdiction post-independence until modified.
Here is a 📊 comparison chart of Articles 225, 226, and 227 of the Indian Constitution — covering the powers and jurisdiction of High Courts:
🏛️ High Court Powers: Articles 225 vs 226 vs 227
| 🔹 Feature | ⚖️ Article 225 | 📝 Article 226 | 👁️ Article 227 |
|---|---|---|---|
| Title | Jurisdiction of existing High Courts | Power of High Courts to issue writs | Power of superintendence over subordinate courts |
| Scope | Preserves pre-Constitution powers | Grants power to issue writs for legal rights | General control & superintendence over lower courts |
| Power Type | Original + Appellate Jurisdiction (pre-1950) | Writ Jurisdiction (Constitutional power) | Administrative + Supervisory Power |
| Who can use it? | High Court Judges | Any person whose Fundamental Right or legal right is violated | High Court over lower courts and tribunals |
| Against whom? | General judicial powers | State, public authorities, or private bodies (in some cases) | District, civil, and subordinate courts |
| Can issue writs? | ❌ No | ✅ Yes – Habeas Corpus, Mandamus, Certiorari, etc. | ❌ No – only supervision, not writs |
| Purpose | To retain existing jurisdiction unless altered | To protect rights of individuals | To ensure efficiency, legality, and discipline in lower courts |
| Changeable by Law? | ✅ Yes – by Parliament or State Legislature | ❌ No – Constitutional power | ❌ No – Constitutional power |
| Territorial Limits | Based on existing laws | Within the territory of the High Court | Within High Court’s jurisdiction |
🧠 Simple Summary:
| Article | What It Does |
|---|---|
| 225 | Keeps old High Court powers intact unless changed by law |
| 226 | Allows High Court to issue writs to protect rights |
| 227 | Allows High Court to supervise and guide lower courts |
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