HIGH COURTSCentral

Section 52 of The States Reorganisation Act, 1956

The High Court for a new State shall have, in respect of any part of the territories included in that new State, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of that part of the said territories by any High Court or Judicial Commissioner's Court for an existing State.

Summary

This section defines the legal powers and authority of the High Courts for the new states.
It ensures that these new courts have the same jurisdiction that existed in those territories before the reorganization.
This includes original jurisdiction, where the court hears a case for the first time.
It also includes appellate jurisdiction, where the court hears appeals of decisions made by lower courts.
The jurisdiction is based on the law that was in force just before the reorganization took place.

Practical examples

1A property dispute in a village that was previously under a Judicial Commissioner is now heard by the new state High Court because Section 52 transfers that authority.

2The new Kerala High Court is able to hear an appeal of a 1955 criminal case because Section 52 gives it all the appellate jurisdiction previously held in that territory.

FAQ

1. What kind of jurisdiction does a new High Court have under Section 52 of The States Reorganisation Act 1956?

Under Section 52 of the 1956 Act, a new High Court has original, appellate, and all other types of jurisdiction that were exercisable in those territories before the appointed day.

2. Does Section 52 of the 1956 Act create new types of legal powers for the courts?

No, Section 52 of the 1956 Act simply transfers existing powers, stating they are the same as those exercisable under the law in force before the reorganization.

3. Under Section 52 of the 1956 Act, which previous courts provide the basis for the new High Court's power?

Under Section 52 of the 1956 Act, the powers are inherited from any High Court or Judicial Commissioner's Court that previously had authority over that part of the territory.

Test yourself

Q1.Under Section 52 of The States Reorganisation Act, 1956, what is the basis for the jurisdiction of a new High Court?

Q2.Under Section 52 of The States Reorganisation Act, 1956, the High Court for a new state has jurisdiction over which areas?

Q3.According to Section 50 and Section 52 of The States Reorganisation Act, 1956, what happens to the power previously held by an abolished Judicial Commissioner's Court?

Q4.Under Section 52 of The States Reorganisation Act, 1956, which specific type of jurisdiction is NOT listed?

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