What powers does the Parliament have over Union Territories, under Article 241(1)?

Question

Prepp Team · Accepted Answer

Parliament Powers for Union Territory High Courts

The question asks about the specific powers granted to the Parliament concerning Union Territories (UTs) under Article 241(1) of the Indian Constitution.

Understanding Article 241(1)

Article 241, Clause (1) of the Constitution of India states:

"Parliament may by law constitute for a Union territory a High Court, and such court shall have all the jurisdiction, powers and authority in relation to the territories specified in the order establishing it, as is, immediately before the commencement of this Constitution, had by the High Court exercising jurisdiction in relation to that territory."

In simple terms, this means Parliament has the legislative authority to establish a High Court for any Union Territory. It can also decide the jurisdiction and powers of that court.

Analysis of Options

Let's examine the given options in light of Article 241(1):

To appoint Governor: Governors are heads of states and are appointed by the President of India, not directly by Parliament under Article 241(1). Union Territories typically have Administrators or Lieutenant Governors appointed by the President. This is not the power described in Article 241(1).
To grant statehood: Granting statehood to a territory is a significant constitutional change requiring a constitutional amendment process, which is distinct from the specific power to establish a High Court mentioned in Article 241(1).
To create or declare a High Court: This option directly reflects the provision in Article 241(1). Parliament is explicitly empowered by this article to create a High Court for a Union Territory or to extend the jurisdiction of an existing High Court to that territory.
To merge with states: Merging a Union Territory with an existing state is a process governed by specific laws and constitutional provisions related to reorganization of states or territories, different from the judicial setup power under Article 241(1).

Therefore, the power Parliament holds over Union Territories under Article 241(1) is specifically related to the judicial structure, namely the creation or declaration of a High Court.