Vol. 13 · pages 226–230

Explanation II.—In sub-clauses (a) and (b) of this clause, the reference to a High Court shall be construed as including a reference to a court in a State for the time being specified in Part III of the First Schedule which is a High Court for the pur- poses of articles 103 and 106 of this Constitution. 5 Application of certain provisions relating to Supreme Court to High Courts. 194. The provisions of clauses (4) and (5) of article 103 of this Constitution shall apply in rela- tion to a High Court as they apply in relation to the Supreme Court with the substitution of refer- ences to the High Court for references to the Supreme Court. 10 Declaration by judges of High Courts before enter- ing office. 195. Every person appointed to be a judge of a High Court in a State shall, before he enters upon his office, make and subscribe before the Governor of the State or some person appointed in that behalf by him a declaration according to the form set out for the purpose in the Third Schedule. 15 Prohibition of practising in courts or be- fore any authority by a person who held office as a judge of a High Court. *196. No person who has held office— (a) as a judge of a High Court, or 20 (b) as an additional judge or temporary judge of a High Court on having been recruited from the Bar, shall plead or act in any Court or before any autho- rity within the territory of India. 25 Salaries, etc. of judges. 197. The judges of each High Court shall be entitled to such salaries and allowances, and to such rights in respect of leave and pensions, as may from time to time be fixed by or under law made by the Legislature of the State in which the Court has its principal seat, and until they are so fixed, shall be entitled to such salaries, allowances and rights in respect of leave of absence or pension as are speci- fied in the Second Schedule: 30 Provided that the salary of the Chief Justice of a High Court shall not be less than four thousand 35 *The Committee is of opinion that a person who has held office as judge of a High Court should be prohibited from practic- ing in any court or before any authority and so also persons who have held office as additional judges or temporary judges of the court on having been recruited from the Bar. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 225 193THE DRAFT CONSTITUTION

rupees per month and the salary of any other judge of a High Court shall not be less than three thousand and five hundred rupees per month: Provided further that neither the salary of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. 5 Temporary judges. 198. (1) When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to per- form the duties of his office, the duties of the office shall be performed by such one of the other judges of the court as the President may appoint for the purpose. 10 (2) (a) When the office of any other judge of a High Court is vacant or when any such judge is appointed to act temporarily as a Chief Justice, or is unable to perform the duties of his office by reason of absence or otherwise, the President may appoint a person duly qualified for appointment as a judge to act as a judge of that court. 15 20 (b) The person appointed shall, while so acting, be deemed to be a judge of the court. (c) Nothing contained in this clause shall pre- vent the President from revoking any appointment made under this clause. 25 Additional judges. 199. If by reason of any temporary increase in the business of any High Court or by reason of arrears of work in any such court, it appears to the President that the number of the judges of the court should be for the time being increased, the President may, subject to the foregoing provisions of this Chapter with respect to the maximum number of judges, appoint persons duly qualified for ap- pointment as judges to be additional judges of the court for such period not exceeding two years as he may specify. 30 35 226 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 194 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Attendance of retired judges at sittings of High Courts *200. Notwithstanding anything contained in this Chapter, the Chief Justice of a High Court may at any time, subject to the provisions of this article, request any person who has held the office of a judge of that court to sit and act as a judge of the court, and every such person so requested shall, while so sitting and acting, have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that court: 5 Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that court unless he consents so to do. 10 Jurisdiction of existing High Courts. 201. Subject to the provisions of this Constitu- tion and to any provisions of any law of the appro- priate Legislature made by virtue of the powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the judges thereof in relation to the administration, of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts, shall be the same as immediately before the commencement of this Constitution: 15 20 25 Provided that any restriction to which the exer- cise of original jurisdiction of any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction. 30 Power of High Courts to issue certain writs. 202. (1) Notwithstanding anything contained in article 25 of this Constitution, every High Court shall have power, throughout the territories in rela- tion to which it exercises jurisdiction, to issue direc- tions or orders in the nature of the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the rights conferred by Part III of this Constitution and for any other purpose. 35 40 *The employment of retired judges follows the practice in the United Kingdom and in the United States of America. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 227 195THE DRAFT CONSTITUTION

(2) The power conferred on a High Court by clause (1) of this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 25 of this Constitution. Administra- tive functions of High Courts. 203. (1) Every High Court shall have super- intendence over all courts throughout the territories in relation to which it exercises jurisdiction. 5 (2) The High Court may— (a) call for returns from such courts; (b) direct the transfer of any suit or appeal from any such court to any other court of equal or superior jurisdiction, or with- draw such suit or appeal from any such court to itself; 10 (c) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and 15 (d) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. 20 (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) of this article shall not be inconsistent with the provi- sions of any law for the time being in force, and shall require the previous approval of the Governor. 25 Transfer of certain cases to High Court for trial. 204. If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution, it shall withdraw the case to itself and dispose of the same. 30 Explanation.—In this article, “High Court” includes a court of final jurisdiction in a State for the time being specified in Part III of the First Schedule with regard to the case so pending. 35 228 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 196 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Salaries, allowances and pensions of officers and servants and the expenses of High Courts. 205. (1) The salaries, allowances and pensions payable to or in respect of the officers and servants of a High Court shall be fixed by the Chief Justice of the court in consultation with the Governor of the State in which the High Court has its principal seat. 5 (2) The administrative expenses of a High Court, including all salaries, allowances and pensions pay- able to or in respect of officers and servants of the court, and the salaries and allowances of the judges of the court, shall be charged upon the revenues of the State, and any fees or other moneys taken by the court shall form part of those revenues. 10 Power to constitute or re-constitute High Court. 206. (1) The Legislature of a State for the time being specified in Part I of the First Schedule may, by law, constitute a High Court for the State or any part thereof or reconstitute in like manner any existing High Court for that State or for any part thereof, or where there are two High Courts in that State, amalgamate those courts. 15 20 (2) Where any court is reconstituted, or two courts are amalgamated, as aforesaid, the law made by the Legislature of the State shall provide for— (a) the continuance in their respective offices of all the existing judges of the court or courts and of such of the existing officers and servants of the court or courts as may be deemed necessary; and 25 (b) the carrying on before the reconstituted court or the new court of all pending matters. 30 and may contain such other provision as may appear to be necessary by reason of the re constitution or amalgamation. Extension of or exclusion from the jurisdiction of High Courts. 207. Parliament may by law— 35 (a) extend the jurisdiction of a High Court to, or (b) exclude the jurisdiction of a High Court from, any State other than, or any area not within, the State in which the High Court has its principal seat: 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 229 197THE DRAFT CONSTITUTION