Article 241 of the Constitution of India: High Courts for Union Territories
Article 241, contained in Part VIII of the Constitution of India, deals with High Courts for Union Territories. It gives Parliament authority to constitute a High Court for a Union Territory, or to declare an existing court in that territory to be a High Court for constitutional purposes.
In brief: Article 241 provides the constitutional framework for a High Court connected with a Union Territory. It also applies the principal High Court provisions in Chapter V of Part VI, preserves specified pre-1956 jurisdiction, and confirms Parliament's power to extend or exclude a State High Court's jurisdiction in relation to a Union Territory.
Text of Article 241
241. High Courts for Union territories.
(1) Parliament may by law constitute a High Court for a Union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide.
(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.
(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.
Meaning and scope of Article 241
Clause (1): Power of Parliament
Parliament may establish a High Court for a Union Territory by law. It may also declare a court already functioning in that Union Territory to be a High Court for all or specified constitutional purposes.
Clause (2): High Court provisions apply
Chapter V of Part VI, which contains the constitutional provisions relating to State High Courts, applies to a High Court covered by Article 241(1), subject to modifications or exceptions that Parliament may prescribe by law.
Clause (3): Continuity of jurisdiction
This transitional provision preserves the jurisdiction, subject to the Constitution and competent legislation, of High Courts that exercised jurisdiction over Union Territories immediately before the Constitution (Seventh Amendment) Act, 1956 came into operation.
Clause (4): Parliament may alter territorial jurisdiction
Article 241 does not restrict Parliament's power to extend a State High Court's jurisdiction to a Union Territory, or to exclude that jurisdiction from a Union Territory or any part of it.
Relationship with Articles 214, 230 and 231
Article 241 should be read with the broader constitutional scheme governing High Courts. Article 214 provides for a High Court for each State. Article 230 expressly permits Parliament by law to extend the jurisdiction of a High Court to, or exclude its jurisdiction from, any Union Territory. Article 231 permits Parliament to establish a common High Court for two or more States, or for two or more States and a Union Territory.
Together, these provisions allow Parliament to structure High Court jurisdiction according to the constitutional and territorial requirements of States and Union Territories rather than requiring every Union Territory to have a separate High Court.
Effect of the Constitution (Seventh Amendment) Act, 1956
Article 241 was substantially recast by the Constitution (Seventh Amendment) Act, 1956. Among other changes, the earlier reference to a State specified in Part C of the First Schedule was replaced by the expression "Union territory", and clauses (3) and (4) were substituted. The present provision therefore reflects the constitutional reorganisation that followed the Seventh Amendment.
Important correction to the earlier page: clause (2) of Article 241 is a distinct constitutional provision and should not be replaced by a repetition of clause (1). The clause-wise text above follows the current official Constitution text.
Why Article 241 is important
Article 241 supplies constitutional flexibility for the administration of justice in Union Territories. Instead of prescribing a single institutional model, it enables Parliament to establish a Union Territory High Court, recognise an existing court as a High Court, or arrange jurisdiction through a State or common High Court under the related constitutional provisions.
Official text and legal reference
For authoritative reference, readers should verify the constitutional text and amendment footnotes from the official Constitution published by the Legislative Department, Ministry of Law and Justice, Government of India, or through India Code. The official versions record the amendments that produced the present wording of Article 241.
