Understanding Article 231 of the Indian Constitution

The question asks which governmental body in India has the authority under Article 231 of the Constitution to establish a common High Court for two or more states.

Let's look at the role of Article 231 of the Constitution of India. This article deals with the power to establish a common High Court for two or more states or for two or more states and a Union territory.

Article 231(1) specifically states:

"Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law constitute a High Court for two or more States or for two or more States and a Union territory, and any such High Court shall have all the jurisdiction, powers and authority exercisable by any High Court constituted for a State in the territories for which it exercises jurisdiction."

Based on the wording of Article 231(1), it is clear that the power to establish a common High Court for two or more states rests with the Parliament of India.

Analyzing the Options

Let's consider the given options in light of Article 231:

• The Parliament: As discussed above, Article 231 explicitly grants this power to the Parliament. This aligns with the constitutional provision.
• The Supreme Court: The Supreme Court is the highest judicial body in India. Its primary role is interpreting the Constitution and laws, and acting as an appellate court. It does not have the power to establish High Courts.
• The President of India: The President is the head of the executive. While the President appoints judges to the High Courts, the power to establish the courts themselves, especially common High Courts under Article 231, is not vested in the President.
• The Union Cabinet: The Union Cabinet is part of the executive government, headed by the Prime Minister. It aids and advises the President. While the Cabinet plays a crucial role in policy decisions and proposing legislation, the constitutional power to establish a common High Court by law is given to the Parliament, which is the legislative body.

Conclusion

Article 231 of the Constitution of India clearly states that the Parliament may, by law, constitute a common High Court for two or more states. Therefore, the Parliament is the correct body empowered to do so.

Revision Table: Power to Establish Common High Court

Additional Information on High Courts in India

High Courts are the principal civil courts of original jurisdiction in each state and Union Territory. A High Court consists of a Chief Justice and such other Judges as the President may from time to time deem necessary to appoint.

• Article 214 states that there shall be a High Court for each State.
• Article 230 provides for the extension of jurisdiction of a High Court to Union Territories or the exclusion of the jurisdiction of a High Court from a Union Territory.
• Article 231 allows for a common High Court for two or more states, or states and Union territories, established by Parliament by law.
• Examples of common High Courts include the High Court of Punjab and Haryana (common for Punjab, Haryana, and Chandigarh) and the Gauhati High Court (previously common for several North-Eastern states, now covers Assam, Nagaland, Mizoram, and Arunachal Pradesh through separate benches).