THE DRAFT CONSTITUTION 197
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 229
Salaries, allowances and pensions of officers and servants and the expenses of High Courts.
Power to constitute or re-constitute High Court.
Extension of or exclusion from the jurisdiction of High Courts.
- Parliament may by law— 35
(a) extend the jurisdiction of a High Court to, or
(b) exclude the jurisdiction of a High Court from,
any State other than, or any area not within, the State in which the High Court has its principal seat: 40
- (1) The salaries, allowances and pensions payable to or in respect of the officers and servants of a High Court shall be fixed by the Chief Justice of the court in consultation with the Governor of the State in which the High Court has its principal seat.
(2) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of officers and servants of the court, and the salaries and allowances of the judges of the court, shall be charged upon the revenues of the State, and any fees or other moneys taken by the court shall form part of those revenues.
- (1) The Legislature of a State for the time being specified in Part I of the First Schedule may, by law, constitute a High Court for the State or any part thereof or reconstitute in like manner any existing High Court for that State or for any part thereof, or where there are two High Courts in that State, amalgamate those courts.
(2) Where any court is reconstituted, or two courts are amalgamated, as aforesaid, the law made by the Legislature of the State shall provide for—
(a) the continuance in their respective offices of all the existing judges of the court or courts and of such of the existing officers and servants of the court or courts as may be deemed necessary; and
(b) the carrying on before the reconstituted court or the new court of all pending matters.
and may contain such other provision as may appear to be necessary by reason of the re constitution or amalgamation.
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