The Constitution of India
Article 231
Establishment of a common High Court for two or more States
(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.
(2) In relation to any such High Court, —
(a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;
(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and
(c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat:
Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.
Why this exists
India's states vary hugely in size and litigation volume; some smaller states or Union territories don't generate enough judicial work to justify a full separate High Court. Article 231 gives Parliament flexibility to combine judicial administration across states (and territories) instead of forcing a 'one state, one High Court' rule everywhere. It also had to solve a practical puzzle: several other articles assume a single Governor, single state legislature, and single state treasury behind each High Court — so this Article rewrites those references for shared courts, especially tricky when the court's seat sits in a Union territory with no Governor or state legislature at all.
Common misconceptions
- Myth: Every state in India has its own separate High Court.
Fact: Article 231 allows Parliament to set up one common High Court for multiple states or for states plus a Union territory, like the Punjab and Haryana High Court. - Myth: If a shared High Court sits in a Union territory, no one plays the 'Governor' role at all.
Fact: The Constitution simply substitutes the President, Union Public Service Commission, Parliament, and the Consolidated Fund of India for those roles, so the system still functions smoothly.