HIGH COURTState · Mizoram

Section 26 of The State of Mizoram Act, 1986

Nothing in this Part shall affect the application to the common High Court of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provisions.

Summary

This saving provision ensures that the Constitution of India remains the supreme law governing the common High Court.
None of the rules or provisions in Part IV of this Act can affect, limit, or override any constitutional provisions that apply to the common High Court.
The operations of Part IV of this Act are subject to any laws or rules created on or after the appointed day by a competent Legislature or other authorised body.

Practical examples

1Suppose a dispute arises in October 1987 regarding the appointment of a judge to the common High Court. A local resident, Rahul, argues that the rules in Part IV of the Act should override the Constitution. Section 26 applies to show that constitutional rules on high courts must always be followed first, and the Act cannot alter them.

2If the Indian Parliament passes a new amendment or law in 1988 regulating the jurisdiction of high courts, Section 26 ensures that the common High Court is bound by the new law, even if it contradicts something written in Part IV of the 1986 Act.

FAQ

1. Who has the power to make provisions that can affect the common High Court after the appointed day?

Any Legislature, such as Parliament or State Legislatures within their competence, or other authorized bodies that have the legal power to make such rules.

2. What does saving mean in the title of Section 26?

In legal terms, a saving clause preserves existing powers, rights, or the supremacy of superior laws (like the Constitution) from being accidentally altered or limited by the new Act.

Test yourself

Q1.Under Section 26 of The State of Mizoram Act, 1986, what is the relationship between Part IV of the Act and the Constitution of India?

Q2.Under Section 26 of The State of Mizoram Act, 1986, how can the provisions in Part IV of the Act be modified or affected after the appointed day?

Q3.Under Section 26 of The State of Mizoram Act, 1986, when do future legislative provisions concerning the common High Court take precedence over Part IV of the Act?

Q4.Under The State of Mizoram Act, 1986, Section 26 acts as a saving clause for which specific portion of the Act?

25PreviousSection 25 Right to appear or to act in proceedings transferred to the common High Court.26ANextSection 26A Non-applicability of this Part to the States of Meghalaya, Manipur and Tripura.

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