Introduction
Article 215 of the Indian Constitution declares that every High Court in India is a Court of Record. This status gives High Courts a unique constitutional position. It allows them to preserve authoritative judicial records and protect their dignity through contempt powers. The Constitution grants this authority directly, not through ordinary law. Article 215 closely mirrors Article 129, which gives the same status to the Supreme Court of India.
This provision strengthens the independence and authority of the High Courts. It ensures that their decisions carry lasting legal value and unquestioned authenticity.
What Does “Court of Record” Mean Under Article 215?
A Court of Record is a court whose acts and judicial proceedings are permanently recorded and preserved. These records serve as conclusive legal evidence. Other courts cannot question them. Only a superior court can review or set aside such records through proper legal processes.
For High Courts, this means their judgments and orders have binding authority. Parties cannot challenge them in collateral proceedings. This principle comes from English common law and has been adopted into Indian constitutional practice to maintain certainty and respect for judicial decisions.
Why Did the Constitution Make High Courts Courts of Record?
The framers of the Constitution wanted to protect judicial credibility. They understood that courts need authority to function independently. By declaring High Courts as Courts of Record, the Constitution ensured that their decisions would command respect across the legal system.
This status also guarantees continuity. Judicial records remain available as precedents for future cases. Lawyers, judges, and students rely on these records to interpret and apply the law consistently.
What Powers Do High Courts Get as Courts of Record?
Article 215 grants High Courts inherent powers that do not depend on legislation. These powers flow directly from the Constitution. The most important power is the authority to punish for contempt of court. This power allows High Courts to protect their dignity and ensure that justice administration remains effective.
High Courts also have the power to preserve and correct their own records. They can clarify errors to maintain accuracy. These powers exist even if a statute does not expressly provide for them. The Constitution itself is the source.
How Does the Contempt Power Work Under Article 215?
The power to punish for contempt is essential for maintaining judicial authority. Contempt includes actions that scandalize the court or obstruct justice. High Courts can act summarily, but they must exercise this power with restraint and fairness.
This power exists independently of the Contempt of Courts Act, 1971. While the Act regulates procedure, it cannot take away the constitutional power under Article 215. Courts have repeatedly affirmed that statutory limits cannot override constitutional authority.
Can High Courts Review Their Own Judgments Under Article 215?
Courts have interpreted Article 215 to include limited inherent review powers. High Courts can correct errors in their records to ensure justice. This power is not unlimited, but it exists to prevent miscarriage of justice.
Recent judicial interpretations have confirmed that these inherent powers are plenary. They operate even when procedural laws appear restrictive. This ensures that constitutional courts can uphold fairness and accuracy in their own proceedings.
What Is the Constitutional History of Article 215?
During the Constituent Assembly debates, Article 215 appeared as Draft Article 192. The Assembly discussed it on 6 June 1949. The members decided to split the provision. One part dealt with the composition of High Courts, which became Article 216. The other part focused on the status of High Courts as Courts of Record, which became Article 215.
The Assembly adopted Article 215 without major debate. This shows broad agreement on the importance of judicial record authority and contempt powers. The Article has remained unchanged since 1950, reflecting its enduring constitutional value.
How Does Article 215 Compare With Article 129?
Article 129 gives the Supreme Court the status of a Court of Record. Article 215 extends the same principle to High Courts. Both Articles use almost identical language. Both confer inherent contempt powers and record-keeping authority.
This parallel structure creates judicial balance. It ensures that High Courts, as constitutional courts, enjoy autonomy similar to the Supreme Court within their jurisdiction.
What Are the Judicial Interpretations of Article 215?
In Pallav Sheth v. Custodian (2001), the Supreme Court held that the contempt power under Article 215 overrides statutory limitations. The Court ruled that constitutional authority cannot be curtailed by timelines in the Contempt of Courts Act. This case remains a landmark interpretation.
In 2023, the Calcutta High Court reaffirmed that Article 215 empowers High Courts to review their own judgments in appropriate cases. The court emphasized that these powers arise from the Constitution itself, not from procedural statutes.
For any specific query call at +91 – 8569843472
Conclusion
Article 215 reinforces the dignity, authority, and independence of High Courts. It ensures that their records remain unquestioned and their functioning remains protected. By granting inherent powers, the Constitution places High Courts on a strong institutional foundation.
This Article continues to shape Indian constitutional law. It preserves respect for judicial decisions and strengthens the rule of law across the country.
