सं Samvidhan

The Constitution of India

Article 241

High Courts for Union territories

Why this exists

Union Territories are directly governed by the Union government and don't have the same constitutional machinery as States. The Constitution needed a flexible mechanism to provide judicial oversight for these territories without assuming they'd each get a full High Court like a State. Article 241 gives Parliament the tools to either build a dedicated High Court (as it did for Delhi) or simply extend an existing State High Court's jurisdiction over a nearby Union Territory — whichever is practical given the territory's size and needs.

How courts read it

Article 241 has mostly operated as a structural, enabling provision rather than one generating major litigation over its own meaning. Its real story is administrative: Parliament used it to pass the Delhi High Court Act, 1966, carving out a separate High Court for Delhi that had earlier been served by the Punjab High Court. For other Union Territories, Parliament chose the clause (4) route instead of building new courts — for example, the Punjab and Haryana High Court exercises jurisdiction over Chandigarh, the Calcutta High Court over the Andaman & Nicobar Islands, the Kerala High Court over Lakshadweep, and the Bombay High Court over Goa, Daman and Diu (historically, before Goa got its own Bench).

Common misconceptions
  • Myth: Every Union Territory has its own High Court.
    Fact: Only some do (like Delhi); many others, such as Chandigarh, Lakshadweep, and the Andaman & Nicobar Islands, are served by a nearby State's High Court whose jurisdiction Parliament extended under clause (4).
  • Myth: A Union Territory High Court is fundamentally different in power from a State High Court.
    Fact: Clause (2) applies the same core constitutional provisions (Chapter V of Part VI) to these courts, so their powers are essentially the same, subject to any modifications Parliament makes.
Article 241 — High Courts for Union territories · Samvidhan