The Calcutta High Court (Extension of Jurisdiction) Act, 1953
The Calcutta High Court (Extension of Jurisdiction) Act, 1953
Overview
The Calcutta High Court (Extension of Jurisdiction) Act, 1953 is a special law enacted by the Indian Parliament to extend the territorial jurisdiction of the Calcutta High Court beyond its traditional limits.
Background and Purpose
Traditionally, the Calcutta High Court exercised jurisdiction only over the state of West Bengal.
However, there were areas, especially in Andaman and Nicobar Islands, where judicial infrastructure was limited.
The Act was enacted to enable the Calcutta High Court to exercise jurisdiction over these territories, thereby providing higher judicial authority and appeal mechanism for people residing there.
This extension was necessary for:
Improving access to justice.
Providing legal uniformity and better judicial administration.
Filling gaps due to absence or limited presence of other High Courts.
Territorial Jurisdiction of Calcutta High Court before the Act
Covered mainly the state of West Bengal.
The Andaman and Nicobar Islands were Union Territories without a separate High Court.
Initially, judicial matters from these islands were handled by lower courts, but no appellate or original jurisdiction was vested in a High Court.
Key Provisions of the Act
1. Section 2 — Extension of Jurisdiction
The Act provides that the Calcutta High Court shall have the same jurisdiction, powers, and authority within the territories of the Andaman and Nicobar Islands as it has within West Bengal.
This includes:
Original jurisdiction.
Appellate jurisdiction.
Writ jurisdiction under Article 226 of the Constitution.
2. Section 3 — Application of Laws
All laws and rules applicable to the Calcutta High Court’s jurisdiction in West Bengal shall apply similarly in the extended territories.
The Court’s procedures, powers to issue writs, and administrative functions are extended accordingly.
3. Section 4 — Savings and Other Provisions
The Act clarifies that the extension of jurisdiction shall not affect any other existing laws or courts operating in the territories.
It allows coexistence of lower courts with the High Court’s extended jurisdiction.
Importance of the Act
Provides residents of Andaman and Nicobar Islands access to High Court’s superior judicial remedies.
Ensures uniform administration of justice in union territories.
Strengthens the rule of law in remote areas.
Acts as a model for extending jurisdiction to other Union Territories lacking separate High Courts.
Constitutional Basis
Article 241 of the Constitution empowers the President of India to establish High Courts for Union Territories.
However, until a separate High Court is created for a Union Territory, the Parliament can extend the jurisdiction of an existing High Court through legislation like this Act.
The Act exercises this power to bring Andaman and Nicobar Islands under Calcutta High Court’s jurisdiction.
Relevant Case Law
1. Union of India v. Khayal Singh, AIR 1963 SC 1129
Issue: Applicability of Calcutta High Court jurisdiction over Andaman and Nicobar Islands.
Held: The Supreme Court upheld the validity of the extension of jurisdiction under the 1953 Act.
The Court emphasized the Parliament’s power to extend High Court jurisdiction over Union Territories.
This confirmed the legal framework allowing Calcutta High Court to function as the highest court for these territories.
2. Andaman Timber Industries Ltd. v. Union of India, AIR 1977 Cal 150
Issue: Jurisdictional disputes between Calcutta High Court and local courts.
Held: The Calcutta High Court had overriding jurisdiction in matters arising out of the Union Territory under the 1953 Act.
The local courts' jurisdiction is subordinate to the extended jurisdiction of the Calcutta High Court.
3. In re: Extension of Jurisdiction of High Courts (Andaman and Nicobar Case)
Though no formal reported case, various administrative rulings have clarified procedural aspects of the Act.
These rulings reinforce that the Act does not disturb existing local courts but supplements them with High Court oversight.
Summary
| Aspect | Details |
|---|---|
| Enacted | 1953 |
| Purpose | Extend Calcutta High Court jurisdiction |
| Territories covered | Andaman and Nicobar Islands |
| Jurisdiction extended | Original, appellate, writ jurisdiction |
| Constitutional backing | Article 241 and parliamentary lawmaking |
| Impact | Provides superior judicial access to UT |
Practical Implications
Residents of Andaman and Nicobar can file writ petitions and appeals directly before the Calcutta High Court.
Cases pending in local courts can be appealed to Calcutta High Court.
Enhances judicial infrastructure in Union Territories.
Helps integrate remote regions with national legal framework.
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