Article 203 of the Constitution of India

(a) the grants so made by the Assembly; and (b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case theamount shown in the statement previously laidbefore the House or Houses. (2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varyingthe amount of any expenditure charged on theConsolidated Fund of the State, and the decision of theperson presiding as to whether an amendment isinadmissible under this clause shall be final. (3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the ConsolidatedFund of the State except under appropriation made by law passed in accordance with the provisions of this article. 205. (1) The Governor shall— (a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for thepurposes of that year or when a need has arisenduring the current financial year for supplementaryor additional expenditure upon some new servicenot contemplated in the annual financial statement for that year, orAppropriation Bills. Supplementary, additional orexcess grants.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 203—205.)101 (b) if any money has been spent on any service during a financial year in excess of the amountgranted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing theestimated amount of that expenditure or cause to bepresented to the Legislative Assembly of the State ademand for such excess, as the case may be. (2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement andexpenditure or demand and also to any law to be madeauthorising the appropriation of moneys out of theConsolidated Fund of the State to meet such expenditureor the grant in respect of such demand as they have effectin relation to the annual financial statement and theexpenditure mentioned therein or to a demand for a grantand the law to be made for the authorisation ofappropriation of moneys out of the Consolidated Fund ofthe State to meet such expenditure or grant. 206. (1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of aState shall have power— (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial yearpending the completion of the procedure prescribedin article 203 for the voting of such grant and thepassing of the law in accordance with the provisionsof article 204 in relation to that expenditure; (b) to make a grant for meeting an unexpected demand upon the resources of the State when onaccount of the magnitude or the indefinite characterof the service the demand cannot be stated with thedetails ordinarily given in an annual financialstatement; (c) to make an exceptional grant which forms no part of the current service of any financial year; and the Legislature of the State shall have power to authorise by law the withdrawal of moneys from theVotes on account,votes of credit andexceptional grants.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 205-206.)102 Consolidated Fund of the State for the purposes for which the said grants are made. (2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause(1) and to any law to be made under that clause as theyhave effect in relation to the making of a grant withregard to any expenditure mentioned in the annualfinancial statement and the law to be made for theauthorisation of appropriation of moneys out of theConsolidated Fund of the State to meet such expenditure. 207. (1) A Bill or amendment making provision for any of the matters specified in sub-clauses ( a) to ( f) of clause (1) of article 199 shall not be introduced or movedexcept on the recommendation of the Governor, and a Billmaking such provision shall not be introduced in aLegislative Council: Provided that no recommendation shall be required under this clause for the moving of an amendmentmaking provision for the reduction or abolition of anytax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason onlythat it provides for the imposition of fines or otherpecuniary penalties, or for the demand or payment of feesfor licences or fees for services rendered, or by reason thatit provides for the imposition, abolition, remission,alteration or regulation of any tax by any local authorityor body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from theConsolidated Fund of a State shall not be passed by aHouse of the Legislature of the State unless the Governorhas recommended to that House the consideration ofthe Bill. Procedure Generally 208. (1) A House of the Legislature of a State may make rules for regulating, subject to the provisions ofthis Constitution, its procedure and the conduct of itsbusiness.Special provisionsas to financial Bills. Rules of procedure.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 206—208.)103 (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediatelybefore the commencement of this Constitution withrespect to the Legislature for the corresponding Provinceshall have effect in relation to the Legislature of the Statesubject to such modifications and adaptations as may bemade therein by the Speaker of the Legislative Assembly,or the Chairman of the Legislative Council, as the casemay be. (3) In a State having a Legislative Council the Governor, after consultation with the Speaker of theLegislative Assembly and the Chairman of the LegislativeCouncil, may make rules as to the procedure with respectto communications between the two Houses. 209. The Legislature of a State may, for the purpose of the timely completion of financial business, regulateby law the procedure of, and the conduct of business in,the House or Houses of the Legislature of the State inrelation to any financial matter or to any Bill for theappropriation of moneys out of the Consolidated Fundof the State, and, if and so far as any provision of anylaw so made is inconsistent with any rule made by theHouse or either House of the Legislature of the Stateunder clause (1) of article 208 or with any rule or standingorder having effect in relation to the Legislature of theState under clause (2) of that article, such provision shallprevail. 210. (1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in theLegislature of a State shall be transacted in the officiallanguage or languages of the State or in Hindi or inEnglish: Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person actingas such, as the case may be, may permit any memberwho cannot adequately express himself in any of thelanguages aforesaid to address the House in his mother-tongue. (2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expirationRegulation by lawof procedure in theLegislature of theState in relation tofinancial business. Language to be used in theLegislature.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 208—210.)104 of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom: 1[Provided that in relation to the 2[Legislatures of the States of Himachal Pradesh, Manipur, Meghalayaand Tripura] this clause shall have effect as if for the words “fifteen years” occurring therein, the words “twenty-five years” were substituted:] 3[Provided further that in relation to the 4[Legislatures of the States of 5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for the words “fifteen years” occurring therein, the words “forty years” were substituted.] 211. No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of theSupreme Court or of a High Court in the discharge of his duties. 212. (1) The validity of any proceedings in the Legislature of a State shall not be called in question onthe ground of any alleged irregularity of procedure. (2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitutionfor regulating procedure or the conduct of business, or formaintaining order, in the Legislature shall be subject tothe jurisdiction of any court in respect of the exercise by him of those powers. C HAPTER IV.—L EGISLATIVE POWER OF THE GOVERNOR 213. (1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both HousesRestriction on discussion in theLegislature. Courts not to inquire intoproceedings of theLegislature. 1Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971). 2Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Legislature of the State of Himachal Pradesh” (w.e.f. 21-1-1972). 3Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 4Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for “Legislature of the State of Mizoram” (w.e.f. 20-2-1987). 5Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “Arunachal Pradesh and Mizoram” (w.e.f. 30-5-1987).Power of Governor topromulgateOrdinances duringrecess ofLegislature.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 210—213.)105 of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary forhim to take immediate action, he may promulgatesuch Ordinances as the circumstances appear to him torequire: Provided that the Governor shall not, without instructions from the President, promulgate any suchOrdinance if— (a) a Bill containing the same provisions would under this Constitution have required the previoussanction of the President for the introduction thereofinto the Legislature; or (b) he would have deemed it necessary to reserve a Bill containing the same provisions for theconsideration of the President; or (c) an Act of the Legislature of the State containing the same provisions would under this Constitutionhave been invalid unless, having been reserved forthe consideration of the President, it had receivedthe assent of the President. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislatureof the State assented to by the Governor, but every suchOrdinance— (a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Councilin the State, before both the Houses, and shall ceaseto operate at the expiration of six weeks from thereassembly of the Legislature, or if before theexpiration of that period a resolution disapproving itis passed by the Legislative Assembly and agreed toby the Legislative Council, if any, upon the passingof the resolution or, as the case may be, on theresolution being agreed to by the Council; and (b) may be withdrawn at any time by the Governor. Explanation. —Where the Houses of the LegislatureTHE CONSTITUTION OF INDIA (Part VI. —The States. —Art. 213.)106 of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeksshall be reckoned from the later of those dates for thepurposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enactedin an Act of the Legislature of the State assented to bythe Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of theLegislature of a State which is repugnant to an Act ofParliament or an existing law with respect to a matterenumerated in the Concurrent List, an Ordinancepromulgated under this article in pursuance ofinstructions from the President shall be deemed to be anAct of the Legislature of the State which has beenreserved for the consideration of the President andassented to by him. 1* * * * * CHAPTER V.—T HE HIGH COURTS IN THE STATES 214. 2*** There shall be a High Court for each State. 3* * * * * 215. Every High Court shall be a court of record and shall have all the powers of such a court including thepower to punish for contempt of itself. 216. Every High Court shall consist of a Chief Justice and such other Judges as the President may from time totime deem it necessary to appoint. 4* * * * *High Courts forStates. High Courts to be courts of record. Constitution of High Courts. 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,s. 27 (w.e.f. 20-6-1979). 2The brackets and figure “(1)” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 3Cls. (2) and (3) omitted by s. 29 and Sch., ibid. 4Proviso omitted by s. 11, ibid .THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 213—216.)107 217. (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and sealafter consultation with the Chief Justice of India, theGovernor of the State, and, in the case of appointment ofa Judge other than the Chief Justice, the Chief Justice ofthe High Court, and 1[shall hold office, in the case of an additional or acting Judge, as provided in article 224,and in any other case, until he attains the age of 2[sixty- two years]]: Provided that— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office by the President in the manner provided in clause (4) ofarticle 124 for the removal of a Judge of the SupremeCourt; (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge ofthe Supreme Court or by his being transferred by thePresident to any other High Court within the territoryof India. (2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of Indiaand— (a) has for at least ten years held a judicial office in the territory of India; or (b) has for at least ten years been an advocate of a High Court 3*** or of two or more such Courts in succession; 4*** 4* * * * *Appointment andconditions of theoffice of a Judgeof a High Court. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for “shall hold office until he attains the age of sixty years”. 2Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for “sixty years”. 3The words “in any State specified in the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 4The word “or” and sub-clause ( c) were ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part VI. —The States. —Art. 217.)108 Explanation. —For the purposes of this clause— 1[(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has beenan advocate of a High Court or has held the officeof a member of a tribunal or any post, under theUnion or a State, requiring special knowledge of law;] 2[(aa)] in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person 3[has held judicial office or the office of a member of a tribunal or any post, under the Union or a State,requiring special knowledge of law] after he becamean advocate; (b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement ofthis Constitution during which he has held judicialoffice in any area which was comprised before thefifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, asthe case may be. 4[(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by thePresident after consultation with the Chief Justice of Indiaand the decision of the President shall be final.] 218. The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution ofreferences to the High Court for references to the Supreme Court.Application of certain provisionsrelating to SupremeCourt to HighCourts. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979). 2Cl. ( a) re-lettered as cl. ( aa) by s. 28, ibid . (w.e.f. 20-6-1979). 3Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for “has held judicial office” (w.e.f. 3-1-1977). 4Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4 (with retrospective effect).THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 217-218.)109 219. Every person appointed to be a Judge of a High Court 1*** shall, before he enters upon his office, make and subscribe before the Governor of the State, or someperson appointed in that behalf by him, an oath oraffirmation according to the form set out for the purposein the Third Schedule. 2[220. No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before anyauthority in India except the Supreme Court and theother High Courts. Explanation. —In this article, the expression “High Court” does not include a High Court for a State specifiedin Part B of the First Schedule as it existed before the commencement 3 of the Constitution (Seventh Amendment) Act, 1956.] 221. 4[(1) There shall be paid to the Judges of each High Court such salaries as may be determined byParliament by law and, until provision in that behalf isso made, such salaries as are specified in the Second Schedule.] (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence andpension as may from time to time be determined by orunder law made by Parliament and, until so determined,to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shallbe varied to his disadvantage after his appointment. 222. (1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court 5***.Oath or affirmation byJudges of HighCourts. Restriction on practice after beinga permanent Judge. Transfer of a Judge from oneHigh Court toanother. 1The words “in a State“ omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by s. 13, ibid ., for art. 220. 31st November, 1956. 4Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for cl. (1) (w.e.f. 1-4-1986). 5The words “within the territory of India“ omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14.Salaries, etc., of Judges.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 219—222.)110 1[(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencementof the Constitution (Fifteenth Amendment) Act, 1963, asa Judge of the other High Court, be entitled to receive inaddition to his salary such compensatory allowance asmay be determined by Parliament by law and, until sodetermined, such compensatory allowance as thePresident may by order fix.] 223. When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason ofabsence or otherwise, unable to perform the duties of hisoffice, the duties of the office shall be performed by suchone of the other Judges of the Court as the President mayappoint for the purpose. 2[224. (1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of worktherein, it appears to the President that the number of theJudges of that Court should be for the time beingincreased, the President may appoint duly qualifiedpersons to be additional Judges of the Court for suchperiod not exceeding two years as he may specify. (2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any otherreason unable to perform the duties of his office or isappointed to act temporarily as Chief Justice, thePresident may appoint a duly qualified person to act asa Judge of that Court until the permanent Judge hasresumed his duties. (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining theage of 3[sixty-two years].] 4[224A . Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may atany time, with the previous consent of the President,Appointment ofacting Chief Justice. 1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5. Original cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14. 2Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15, for art. 224. 3Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for “sixty years”. 4Ins. by s. 7, ibid.Appointment of additional andacting Judges. Appointment of retired Judges atsittings of HighCourts.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 222—224 A.)111 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 suchperson so requested shall, while so sitting and acting, beentitled to such allowances as the President may by orderdetermine and have all the jurisdiction, powers andprivileges 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 asa Judge of that High Court unless he consents so to do.] 225. Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislaturemade by virtue of powers conferred on that Legislatureby 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 theadministration of justice in the Court, including anypower to make rules of Court and to regulate the sittingsof the Court and of members thereof sitting alone or inDivision Courts, shall be the same as immediately beforethe commencement of this Constitution: 1[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 concerningany act ordered or done in the collection thereof wassubject immediately before the commencement of thisConstitution shall no longer apply to the exercise of suchjurisdiction.] 2[226. (1) Notwithstanding anything in article 32 3*** every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, toissue to any person or authority, including in appropriate cases, any Government, within those territories directions,Jurisdiction of existing HighCourts. Power of High Courts to issuecertain writs. 1Ins. 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). 2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38, for art. 226 (w.e.f. 1-2-1977). 3The words, figures and letters “but subject to the provisions of article 131A and article 226A” omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 7 (w.e.f.13-4-1978).THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 224A—226.)112 orders or writs, including 1[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari , or any of them, for the enforcement of any of the rightsconferred by Part III and for any other purpose.] (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authorityor person may also be exercised by any High Courtexercising jurisdiction in relation to the territories withinwhich the cause of action, wholly or in part, arises for theexercise of such power, notwithstanding that the seat ofsuch Government or authority or the residence of suchperson is not within those territories. 2[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any othermanner, is made on, or in any proceedings relating to, apetition under clause (1), without— (a) furnishing to such party copies of such petition and all documents in support of the plea for suchinterim 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 applicationto the party in whose favour such order has been madeor the counsel of such party, the High Court shall disposeof the application within a period of two weeks from thedate on which it is received or from the date on whichthe copy of such application is so furnished, whicheveris later, or where the High Court is closed on the lastday of that period, before the expiry of the next dayafterwards on which the High Court is open; and if theapplication is not so disposed of, the interim order shall,on the expiry of that period, or, as the case may be, theexpiry of the said next day, stand vacated.] 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion beginning with the words “writs in the nauture 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). 2Subs. by s. 30, ibid., for cls. (3), (4), (5) and (6) (w.e.f. 1-8-1979).THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 226.)113 1[(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.] 2226A. [Constitutional validity of Central laws not to be considered in proceedings under article 226.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978). 227. 3[(1) Every High Court shall have superintendence over all courts and tribunals throughoutthe territories in relation to which it exercises jurisdiction.] (2) Without prejudice to the generality of the foregoing provision, the High Court may— (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers ofsuch courts and to attorneys, advocates and pleaderspractising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not beinconsistent with the provision of any law for the timebeing in force, and shall require the previous approval ofthe Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over anycourt or tribunal constituted by or under any law relating to the Armed Forces.Power of superintendenceover all courts bythe High Court. 1Cl. (7) renumbered as cl. (4) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30 (w.e.f. 1-8-1979). 2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977). 3Cl. (1) has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 40 (w.e.f. 1-2-1977) and the Constitution (Forty-fourth Amendment) Act, 1978,s. 31, to read as above (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 226-227.)114 1* * * * * 228. If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial questionof law as to the interpretation of this Constitution thedetermination of which is necessary for the disposal ofthe case, 2[it shall withdraw the case and 3*** may—] (a) either dispose of the case itself, or (b) determine the said question of law and return the case to the court from which the case has beenso withdrawn together with a copy of its judgmenton such question, and the said court shall on receiptthereof proceed to dispose of the case in conformitywith such judgment. 4228A. [Special provisions as to disposal of questions relating to constitutional validity of State laws. ] Rep. by the Constitution (Forty-third Amendment ) Act, 1977, s. 10 ( w.e.f. 13-4-1978). 229. (1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of theCourt or such other Judge or officer of the Court as hemay direct: Provided that the Governor of the State 5*** may by rule require that in such cases as may be specified in therule no person not already attached to the Court shall beappointed to any office connected with the Court saveafter consultation with the State Public ServiceCommission. (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service ofTransfer of certaincases to HighCourt. Officers and servants and theexpenses of HighCourts. 1Cl. (5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40 (w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 31(w.e.f. 20-6-1979). 2Subs. by the Constitution (Forty-second Amendment) Act. 1976, s. 41, for “it shall withdraw the case and may —” (w.e.f. 1-2-1977). 3The words, figures and letters “subject to the provisions of article 131A,“ omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978). 4Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977). 5The words “in which the High Court has its principal seat” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 227—229.)115 officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of theState 1***. (3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court,shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund. 2[230. (1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory. (2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,— (a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase,restrict or abolish that jurisdiction; and (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables forsubordinate courts in that territory, be construed as a reference to the President. 231. (1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may bylaw 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;Extension of jurisdiction ofHigh Courts toUnion territories. Establishment of a common HighCourt for two ormore States. 1The words “in which the High Court has its principal seat” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Subs. by s. 16, ibid., for arts. 230, 231 and 232.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 229—231.)116 (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 tothe Governor of the State in which the subordinatecourts 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 theGovernor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union PublicService Commission, Parliament and Consolidated Fundof India.] C HAPTER VI.—S UBORDINATE COURTS 233. (1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall bemade by the Governor of the State in consultation withthe High Court exercising jurisdiction in relation to such State. (2) A person not already in the service of the Union or of the State shall only be eligible to be appointed adistrict judge if he has been for not less than seven yearsan advocate or a pleader and is recommended by the High Court for appointment. 1[233A. Notwithstanding any judgment, decree or order of any court,— (a) (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocateor a pleader, to be a district judge in that State, and (ii) no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966,Validation of appointments of,and judgments,etc., delivered by ,certain districtjudges. 1Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2.Appointment of district judges.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 231—233 A.)117 otherwise than in accordance with the provisions of