this Chapter, [1][the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may with the previous consent of the President], request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:
- Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.]
225. Jurisdiction of existing High Courts.—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 this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution:
[2][Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.]
[3][226. Power of High Courts to issue certain writs.—(1) Notwithstanding anything in article 32 [4]***, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or [5][writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.]
- (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
- [6][(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
- (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
- (b) giving such party an opportunity of being heard,
- makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall
- ↑ Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 9, for “the Chief Justice of a High Court for any State may at anytime, with the previous consent of the President” (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.
- ↑ Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 29 (w.e.f. 20-6.1979). Original Proviso was omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 37 (w.e.f. 1-2-1977).
- ↑ Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38 (w.e.f. 1-2-1977).
- ↑ The words, figures and letters “but subject to the provisions of article 131A and article 226A” omitted by the Constitution (Fortythird Amendment) Act, 1977, s. 7 (w.e.f. 13-4-1978).
- ↑ Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30 for the portion beginning with the words “writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them” and ending with the words “such illegality has resulted in substantial failure of justice” (w.e.f. 1-8-1979).
- ↑ Subs. by ibid., s. 30, for clauses (3), (4), (5) and (6).
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