Part to apply only to certain High Courts
Full Text
This Part applies only to High Courts not being the court of a Judicial Commissioner.
Plain English Summary
Section 116 demarcates the territorial and constitutional scope of Part IX, restricting its application strictly to established High Courts and excluding historical courts of Judicial Commissioners.
Key Legal Elements
- Restricted Scope: Applies exclusively to High Courts exercising civil jurisdiction.
- Exclusion of Judicial Commissioners: Specifically excludes historical courts of Judicial Commissioners in former Part C territories.
- Anchor for Part IX: Serves as the introductory jurisdictional boundary for special High Court provisions.
Practical Note
Historical Context & Chartered High Courts: Part IX was enacted primarily to accommodate the special charters and Original Side civil jurisdiction of Chartered High Courts (Calcutta, Bombay, and Madras), as well as other High Courts exercising ordinary original civil jurisdiction (like Delhi High Court). Judicial Commissioners' courts in erstwhile Part C states were phased out after the Constitution (Seventh Amendment) Act, 1956.
हिंदी पाठ
यह भाग केवल ऐसे उच्च न्यायालयों को लागू होता है जो न्यायिक आयुक्त (Judicial Commissioner) के न्यायालय नहीं हैं।