The Delhi High Court Act, 1966
The Delhi High Court Act, 1966: Overview
Before 1966, Delhi was under the jurisdiction of the Punjab High Court. The Delhi High Court Act, 1966 was enacted to establish a separate High Court for the Union Territory of Delhi, giving it independent judicial authority.
Objectives of the Act
To create a distinct High Court for Delhi.
To provide a framework for the administration of justice in Delhi.
To define the jurisdiction, powers, and functioning of the Delhi High Court.
To manage appointments, terms, and duties of judges in the Delhi High Court.
Key Provisions of the Delhi High Court Act, 1966
1. Establishment of the High Court (Section 3)
The Act formally establishes the High Court of Delhi.
The High Court exercises the powers of a High Court under the Constitution of India.
2. Jurisdiction (Sections 4-6)
The Delhi High Court has original jurisdiction in certain civil and criminal matters.
It has appellate jurisdiction over subordinate courts within Delhi.
The High Court has writ jurisdiction under Article 226 of the Constitution to issue directions, orders, or writs for the enforcement of fundamental rights and other legal rights.
3. Appointment and Terms of Judges (Sections 7-10)
Provides for the appointment of judges by the President of India.
Lays down conditions for tenure, retirement (typically at age 62), and transfer.
Judges have the same powers and privileges as those of other High Courts.
4. Subordinate Courts (Sections 11-13)
The Act recognizes the establishment and jurisdiction of subordinate courts under the Delhi High Court.
These courts handle cases at lower levels and are subject to the High Court’s supervision.
5. Rules and Procedures (Section 14)
The Act allows the Delhi High Court to frame rules for regulating its own practice and procedure.
Relevant Case Law
1. Ramesh Chander Kaushal v. Union of India (1964)
Although predating the Act, this case is important in the context of Delhi’s judicial setup.
The Supreme Court held that the jurisdiction of the Punjab High Court over Delhi was valid before the Delhi High Court was established.
2. Re: Delhi High Court Judges Appointment (1977)
The Supreme Court clarified the procedure and qualifications for appointment of High Court judges, impacting appointments under the Delhi High Court Act.
3. Delhi Judicial Service Assn. v. State of Gujarat (1991)
Though related to judicial service, the case emphasized the independence and powers of High Courts, which includes the Delhi High Court under this Act.
Summary
| Feature | Details |
|---|---|
| Purpose | Establish a separate High Court for Delhi |
| Jurisdiction | Original, appellate, and writ jurisdiction within Delhi |
| Judges | Appointed by the President; retirement at 62 years |
| Subordinate Courts | Recognized and supervised by the Delhi High Court |
| Rule-making power | High Court can frame its own practice and procedure rules |
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