Article 225

Article 225 of the Constitution of India preserves and continues the jurisdiction, powers, and authority of High Courts that existed prior to the commencement of the Constitution. It ensures the seamless transition of these judicial institutions from the colonial legal framework to the modern constitutional order, maintaining their status as the highest courts within the states.

Historical Background and Constitutional Context

The High Courts in India were originally established under the Indian High Courts Act of 1861, later governed by the Government of India Acts of 1915 and 1935. These colonial enactments defined the powers, jurisdiction, and procedures of the High Courts in British India.
When the Constitution came into force on 26 January 1950, it was necessary to retain the functioning and authority of these courts without interruption. Article 225 was therefore incorporated to preserve the existing powers and jurisdiction of the High Courts, while allowing Parliament and State Legislatures to modify them if required.
This provision forms part of Chapter V of Part VI of the Constitution, which deals with the High Courts in the States.

Core Provisions of Article 225

Article 225 reads, in essence, that the jurisdiction of the existing High Courts, along with their powers to make rules and administer justice, shall remain as they were immediately before the commencement of the Constitution, except as modified by constitutional provisions or subsequent legislation.
The key features of this article include:

• Continuity of Jurisdiction: The jurisdiction and law administered by each existing High Court continues unchanged unless altered by the Constitution or by law.
• Retention of Judicial Powers: The powers of judges in matters relating to the administration of justice, such as rule-making, court sittings, and procedures, remain intact.
• Legislative Competence to Modify Jurisdiction: Both Parliament and State Legislatures can alter or expand the jurisdiction of High Courts under relevant constitutional provisions.
• Removal of Restrictions on Revenue Matters: The article removed pre-constitutional restrictions on the original jurisdiction of High Courts in revenue cases, enabling them to exercise jurisdiction in such matters as well.

Thus, Article 225 acts as a bridge between the pre-constitutional judicial system and the post-independence legal framework, ensuring continuity and stability in judicial functions.

Evolution of High Court Jurisdiction

Before independence, the jurisdiction of High Courts was largely determined by Letters Patent issued under the British Crown, which limited their authority in certain domains, particularly in revenue matters.
Article 225 removed these limitations, enabling High Courts to:

• Exercise original jurisdiction in civil and revenue cases where appropriate.
• Maintain appellate and supervisory powers over subordinate courts.
• Continue to apply established procedural laws and practices until replaced or modified.

This continuity allowed the Indian judiciary to evolve without disruption, ensuring that the rule of law remained consistent during the transition from colonial rule to constitutional governance.

Judicial Interpretation and Landmark Cases

The Supreme Court and various High Courts have interpreted Article 225 to reinforce the autonomy and authority of High Courts. Notable judgments include:

• K.K. Verma v. Union of India (1954): The Supreme Court clarified that Article 225 preserved all the pre-existing powers of High Courts, including their authority over the administration of justice and internal procedural matters.
• State of West Bengal v. Committee for Protection of Land Rights (2004): This case examined the extent of the High Court’s jurisdiction under Article 225 and reaffirmed its broad authority in the absence of specific legislative restrictions.
• M.C. Mehta v. Union of India (1986): Although primarily a public interest litigation (PIL) case, it illustrated how the jurisdiction of High Courts, preserved under Article 225 and expanded by Article 226, allows them to intervene in matters of public welfare and environmental protection.

These decisions collectively underline that Article 225 not only preserved the jurisdiction of High Courts but also allowed them to adapt dynamically to evolving legal and constitutional needs.

Relationship with Other Constitutional Provisions

Article 225 is closely connected with other constitutional articles that define the powers and supervisory functions of High Courts:

• Article 226: Empowers High Courts to issue writs for the enforcement of fundamental rights and for any other purpose.
• Article 227: Grants High Courts superintendence over all subordinate courts and tribunals within their jurisdiction.
• Article 228: Authorises High Courts to withdraw certain cases involving substantial constitutional questions from subordinate courts.

Together, these articles reinforce the central role of High Courts as guardians of justice and as key components of India’s constitutional framework.

Legislative and Institutional Continuity

The enactment of Article 225 ensured that the transition from colonial governance to a republican constitution did not disrupt judicial administration. High Courts continued to operate under the same procedural laws and retained their pre-existing powers, while also being subject to modifications by legislative enactments such as:

• The Code of Civil Procedure, 1908.
• The Code of Criminal Procedure, 1973.
• The High Courts (Jurisdictional Limits) Acts and other regional legislations.

This continuity provided legal stability during a period of immense constitutional change, ensuring that citizens continued to have access to justice without procedural confusion or jurisdictional ambiguity.

Significance and Implications

The importance of Article 225 lies in its dual function of preservation and adaptation:

• It preserves the jurisdictional continuity of the High Courts established before 1950.
• It empowers the legislature to modify or expand these powers in response to changing judicial and administrative needs.
• It ensures that High Courts remain the highest judicial authorities within their respective states, capable of exercising original, appellate, and supervisory jurisdiction.

Furthermore, Article 225 symbolises the institutional stability of India’s judiciary, enabling High Courts to evolve within the framework of the Constitution while retaining their pre-constitutional identity and traditions.