Exploring Articles 236 to 238 of the Indian Constitution: A Contemporary Discourse

Introduction :

The Indian Constitution, as the guiding framework of the nation, is a living document that requires periodic review and adaptation to meet the needs of a rapidly changing society. Articles 236 to 238 of the Indian Constitution pertain to the High Courts in the states and Union territories. In this article, we delve into a discussion surrounding these articles, analyzing their relevance in the modern era, and exploring relevant case laws that highlight their significance in contemporary India.

Article 236: Interpretation :

Article 236 deals with the interpretation of the provisions related to High Courts in Part VI of the Indian Constitution. In the modern era, this article plays a pivotal role in ensuring that the functioning and jurisdiction of the High Courts are correctly understood and implemented. One of the landmark cases that has shaped the interpretation of this article is the case of State of Rajasthan v. Prakash Chand, wherein the Supreme Court emphasized the importance of maintaining a consistent and harmonious interpretation of constitutional provisions to prevent confusion and conflicts.

Article 237: Establishment of High Courts in States :

Article 237 provides for the establishment of High Courts in states. While this provision remains relevant, its application in the modern era has witnessed some intriguing developments. The case of Union of India v. Madras Bar Association, shed light on the issue of the establishment of High Courts in new states formed due to bifurcation or reorganization. The Supreme Court, in this case, held that the establishment of a High Court is essential for every new state unless exceptional circumstances exist. This interpretation ensures the preservation of judicial independence and access to justice for citizens of newly formed states.

Article 238: Jurisdiction of Existing High Courts :

Article 238 deals with the jurisdiction of existing High Courts at the commencement of the Indian Constitution. While this provision may seem antiquated, it has been the subject of significant deliberation in the modern era. One crucial case that brought forth the importance of Article 238 is the case of L. Chandra Kumar v. Union of India. The Supreme Court, in this landmark judgment, declared that the jurisdiction of High Courts under Article 226 and Article 227 is an essential feature of the basic structure of the Constitution and cannot be curtailed by a parliamentary amendment. This decision underscores the significance of preserving the independence and powers of High Courts, even in the face of constitutional amendments.

Conclusion :

As the Indian society evolves, so must its constitutional framework. Articles 236 to 238 of the Indian Constitution, dealing with High Courts, are no exception. The interpretation and application of these provisions have undergone significant transformations in the modern era. Through relevant case laws, we have observed how the judiciary has played a crucial role in ensuring the relevance and efficacy of these articles. Moving forward, it is imperative to continue this discourse and adapt these constitutional provisions to meet the challenges and aspirations of contemporary India, thus reinforcing the pillars of justice, independence, and access to justice within our legal system.