Delhi High Court Act, 1966

This Act is for the constitution of a High Court for the UT of Delhi, for the extension of its jurisdiction (then existing) UT of Himachal Pradesh.

Delhi High Court Act, 1966

[Act 26 of 1966]         [5th September, 1966]

An Act to provide for the constitution of a High Court for the Union Territory of Delhi, for the extension of the jurisdiction of that High Court to the Union Territory of Himachal Pradesh and for matters connected therewith

Be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:—

Statement of Objects and Reasons of Amending Act 23 of 2015.—Under sub-section (2) of Section 5 of the Delhi High Court Act, 1966, the High Court of Delhi has ordinary original civil jurisdiction in respect of suits, the value of which exceeds Rupees Twenty lakhs. The pecuniary jurisdiction of the High Court of Delhi and District Courts of Delhi was last revised in the year 2003 from rupees five lakhs to twenty lakhs by the Delhi High Court (Amendment) Act, 2003.

2. At present, cases involving even a small property are required to be filed before Delhi High Court as the Delhi High Court has ordinary original civil jurisdiction of the civil suits involving value of Rupees Twenty lakhs and above. This has increased the work load of the Delhi High Court and on the other hand, poor people living in Delhi have to cover considerable distance to approach Delhi-High Court to seek justice in their cases.

3. The Coordination Committee of Bar Associations of Delhi at various forums has requested for enhancement of pecuniary jurisdiction of District Courts in Delhi. The Government of National Capital Territory of Delhi has considered the request of the Bar Associations of Delhi and requested the Central Government for enhancement of precuniary jurisdiction of ordinary original jurisdiction of the High Court of Delhi from the existing Rupees Twenty lakhs to Rupees Two crore.

4. Accordingly, it has been decided to increase pecuniary jurisdiction of the High Court of Delhi from Rupees Twenty lakhs to two crore by amending the Delhi High Court Act, 1966 and the Punjab Courts Act, 1918, as in force in the National Capital Territory of Delhi.

5. The Bill seeks to achieve the aforesaid objects.

1. Short title and commencement.

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 date[i]  as the Central Government may, by notification in the Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once.

2. Definitions.

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.

3. High Court.

3. High Court.—(1) As from such date[ii]  as the Central Government may, by notification in the Official Gazette, appoint, there shall be a High Court for the Union Territory of Delhi (hereinafter referred to 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 the President may, by notified order, appoint.

(3) Notwithstanding anything contained in sub-section (2), the Judges and Division Courts of the High Court of Delhi may sit at such other place or places other than its principal seat as the Chief Justice may, with the approval of the President, appoint.

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

 [iii][3-A. Salaries and allowances of Judges to be expenditure charged on Consolidated Fund of India.—Expenditure in respect of the salaries and allowances of Judges of the High Court of Delhi shall be expenditure charged on the Consolidated Fund of India.]

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.

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 the Constitution shall, in their application to the High Court of Delhi, have effect subject to the following exceptions and modifications, namely:—

(a) in Article 217, the words “the Governor of the State” shall be omitted and in relation to appointments to be made under sub-section (2), that article shall be construed as if the words “and, in the 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) of Article 227, the reference to the Governor, shall be construed as a reference to the administrator of the Union 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 reference to the administrator of the Union Territory of Delhi;

(ii) the references to the State Public Service Commission, the Legislature of the State and the Consolidated Fund of the State shall be construed, respectively, as references to the Union Public Service 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, the words “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 to another Union territory, the reference in Article 227 to the administrator of the Union Territory of Delhi shall, in relation to any rules, forms or tables for subordinate courts in that other Union territory, be construed as a reference to the administrator of that other Union territory.”.

(2) Between the coming into force of this section and the appointed day, the President may, after consultation with the Chief Justice of India, appoint the Chief Justice of the High Court of Delhi and as many other Judges of the said High Court as he thinks fit, and any appointments so made shall take effect as from the appointed day.

5. Jurisdiction of High Court of Delhi.

5. Jurisdiction of High Court of Delhi.—(1) The High Court of Delhi shall have, in respect of the territories for the time being included in the Union Territory of Delhi, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of the said territories by the High Court of Punjab.

(2) Notwithstanding anything contained in any law for the time being in force, the High Court of Delhi shall also have in respect of the said territories ordinary original civil jurisdiction in every suit the value of which exceeds  [iv][Rupees two crore].

6. Power to enrol legal practitioners, etc.

6. Power to enrol legal practitioners, etc.—(1) The High Court of Delhi shall have like powers to approve, admit, enroll, remove and suspend legal practitioners, and to make rules with respect to them, as are, under the law in force immediately before the appointed day, exercisable by the High Court of Punjab.

(2) The right of audience in the High Court of Delhi shall be regulated in accordance with the like principles, as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Punjab:

Provided that subject to any rule made or direction given by the High Court of Delhi in the exercise of the powers conferred by this section, any person who immediately before the appointed day is an advocate entitled to practise or an attorney entitled to an act in the High Court of Punjab shall be recognised as advocate or an attorney entitled to practice or act, as the case may be, in the High Court of Delhi.

7. Practice and procedure in the High Court of Delhi.

7. Practice and procedure in the High Court of Delhi.—Subject to the provisions of this Act, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Punjab shall, with the necessary modifications, apply in relation to the High Court of Delhi and accordingly the High Court of Delhi shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the High Court of Punjab and shall also have powers to make rules and orders with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction:

Provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the High Court of Punjab shall, until varied or revoked by rules or orders made by the High Court of Delhi, apply with the necessary modifications in relation to practice and procedure in the High Court of Delhi as if made by that High Court.

8. Custody of the Seal of the Court of Delhi.

8. Custody of the Seal of the Court of Delhi.—The law in force immediately before the appointed day with respect to the custody of the Seal of the High Court of Punjab shall, with the necessary modifications, apply with respect to the custody of the Seal of the High Court of Delhi.

9. Form of writs and other processes.

9. Form of writs and other processes.—The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court of Punjab shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Delhi.

10. Powers of Judges.

10. Powers of Judges.—(1) Where a Single Judge of the High Court of Delhi exercises ordinary original civil jurisdiction conferred by sub-section (2) of Section 5 on that Court, an appeal shall lie from the judgment of the Single Judge to a Division Court of that High Court.

(2) Subject to the provisions of sub-section (1), the law in force immediately before the appointed day relating to the powers of the Chief Justice, Single Judges and Division Courts of the High Court of Punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Delhi.

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