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The Delhi High Court Act, 1966

Year of Passage: 1966 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Delhi High Court Act, 1966. (2) Section 17 shall come into force on such date1as the Central Government may, by notification inthe Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once.

Section 2 Definitions.

In this Act, unless the context otherwise requires, (a) "appointed day" means the date appointed under section 3; (b) "notified order" means order notified in the Official Gazette

Section 3 High Court.

(1) As from such date as the Central Government may, by notification in theOfficial Gazette, appoint, there shall be a High Court for the Union territory of Delhi (hereinafter referredto as the High Court of Delhi). (2) The principal seat of the High Court of Delhi shall be at Delhi or at such other place as thePresident may, by notified order, appoint. (3) Notwithstanding anything contained in sub-section (2), the Judges and Division Courts of theHigh Court of Delhi may sit at such other place or places other than its principal seat as the Chief Justicemay, with the approval of the President, appoint.

Section 3A Salaries and allowances or Judges to be expenditure charged on Consolidated Fund of India.

1[3A. Salaries and allowances or Judges to be expenditure charged on Consolidated Fund ofIndia.Expenditure in respect of the salaries and allowances of Judges of the High Court of Delhi shallbe expenditure charged on the Consolidated Fund of India.]

Section 4 Exceptions and modifications subject to which the provisions of Chapter V of Part VI of the Constitution apply to the High Court of Delhi.

(1) The provisions of Chapter V of Part VI of theConstitution shall, in their application to the High Court of Delhi, have effect subject to the followingexceptions and modifications, namely: (a) in article 217, the words “the Governor of the State” shall be omitted and in relation toappointments to be made under sub-section (2), that article shall be construed as if the words “and, inthe case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court,”had also been omitted; (b) in article 219, the reference to the Governor of the State, and in the proviso to clause (3) ofarticle 227, the reference to the Governor, shall be construed as a reference to the administrator of theUnion territory of Delhi; (c) the provisions of article 225 shall not apply; (d) in article 229, (i) the references to the Governor of the State shall be construed as references to theadministrator of the Union territory of Delhi; (ii) the references to the State Public Service Commission, the Legislature of the State and theConsolidated Fund of the State shall be construed, respectively as references to the Union PublicService Commission, Parliament and the Consolidated Fund of India; (e) the provisions of article 230 shall apply subject to the modifications that (i) in clause (1) thereof, for the words “High Court” in both the places where they occur, thewords “High Court for a Union territory”, and for the words “any Union territory”, the words“any other Union territory” shall be substituted; (ii) for clause (2) thereof, the following clause shall be substituted, namely: “(2) Where the High Court for a Union territory exercises jurisdiction in relation toanother Union territory, the reference in article 227 to the administrator of the Unionterritory of Delhi shall, in relation to any rules, forms or tables for subordinate courts in thatother Union territory, be construed as a reference to the administrator of that other Unionterritory.”. (2) Between the coming into force of this section and the appointed day, the President may, afterconsultation with the Chief Justice of India, appoint the Chief Justice of the High Court of Delhi and asmany other Judges of the said High Court as he thinks fit, and any appointments so made shall take effectas from the appointed day.
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