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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.

The Delhi High Court Act, 1966Central Act · Act 26 of 1966

(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 references 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.

Where this provision sits

ActThe Delhi High Court Act, 1966
Section4
Marginal noteExceptions and modifications subject to which the provisions of Chapter V of Part VI of the Constitution apply to the High Court of Delhi.
JurisdictionCentral
StatusIn force as published by the source

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