LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Judicial Powers – Unlimited Jurisdiction of State High Courts Under Section 236(1) of 1979 Constitution
PRINCIPLE STATEMENT
The provisions of section 236(1) of the 1979 Constitution did not permit the 'unlimited' jurisdiction vested in the High Court of a State to be limited other than as the Constitution itself may have provided; the answer to the question whether the jurisdiction of the High Court is curtailed after the 1979 Constitution came into effect is not to be found in State legislation but, solely, in the Constitution itself.
RATIO DECIDENDI (SOURCE)
"The provisions of section 236(1) of the 1979 Constitution did not permit the 'unlimited' jurisdiction vested in the High Court of a State to be limited other than as the Constitution itself may have provided... The answer to the question whether the jurisdiction of the High Court of a State is curtailed after the 1979 Constitution had come into effect is, therefore, not to be found in State legislation but, solely, in the Constitution itself."
EXPLANATION / SCOPE
Section 236(1) of 1979 Constitution vested State High Courts with unlimited jurisdiction subject only to Constitutional limitations. “Unlimited jurisdiction” means: comprehensive judicial power, no inherent restrictions, and broad competence across legal matters. This jurisdiction can be limited only by: Constitution itself (not State legislation), Constitutional provisions (express limitations), and nothing else. State legislation cannot: curtail High Court jurisdiction, oust High Court from matters, or restrict Constitutional jurisdiction grants. This serves: Constitutional supremacy, protecting judicial independence, and preventing legislative encroachment on judicial power. Post-1979 Constitution: High Court jurisdiction questions are answered from Constitution, State laws cannot restrict Constitutional jurisdiction, and only Constitution can limit what it granted. Courts must: look to Constitution for jurisdiction scope, ignore State legislative attempts to restrict, and protect Constitutional jurisdiction grants. This principle establishes: hierarchy (Constitution over legislation), exclusivity (only Constitution limits Constitutional grants), and supremacy (State laws cannot override Constitutional jurisdiction). The 1999 Constitution contains similar provisions (section 272), making this principle continuing relevance in determining High Court jurisdiction scope.