The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981

Summary of The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981
Key Provisions
1. Extension of Jurisdiction: - The High Court at Bombay's jurisdiction extends to the Union territory of Goa, Daman, and Diu from the appointed day.
• The Court of the Judicial Commissioner for Goa, Daman, and Diu ceases to function and is abolished.
2. Jurisdiction and Powers: - The High Court at Bombay assumes all jurisdiction, powers, and authority previously held by the Court of the Judicial Commissioner over the territory.
3. Constitutional Application: - Chapter VI of Part VI of the Constitution applies to the High Court at Bombay in relation to Goa, Daman, and Diu, with specified exceptions and modifications (e.g., references to "State" are construed as references to the Union territory, and "Governor" as "Administrator").
4. Practical Arrangements
• Permanent Bench: Established at Panaji with at least two Judges nominated by the Chief Justice.
• Advocates: Those practicing in the Court of the Judicial Commissioner before the appointed day can practice in the High Court at Bombay.
• Pending Proceedings: Transferred from the Court of the Judicial Commissioner to the High Court at Bombay.
• Right to Appear: Advocates authorized in transferred proceedings retain their right to appear before the High Court at Bombay.
5. Financial and Administrative
• Expenditure Allocation: Between the State of Maharashtra and the Union, proportion to be determined by the President.
• Rule of Construction: References to the Court of the Judicial Commissioner in laws are construed as references to the High Court at Bombay.
6. Miscellaneous
• Power to Remove Difficulties: The Central Government can make provisions to address difficulties in implementing the Act, within two years of the appointed day.
• Power to Adapt Laws: The Central Government can adapt or modify laws for better application in Goa, Daman, and Diu, within two years of the appointed day.

Legislative History:

The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981

● Act Title - The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981

● Act Number / Year - 26 of 1981

● Act ID (India Code) - 198126

● Presidential Assent Date - September 9, 1981

● Enforcement Date - October 30, 1982

● Nodal Ministry - Ministry of Law and Justice

Precedent & Historical Rationale

● Integration of Post-Liberation Judicial Architecture - Following the liberation of Goa, Daman, and Diu in 1961, local judicial administration was governed by a transitional, statutory "Court of the Judicial Commissioner" (established under the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963). As the territory's socio-legal framework evolved, there was a pressing need to integrate its judicial setup into the higher constitutional framework under Part VI, Chapter V of the Constitution of India.

● Abolition of the Judicial Commissioner's Court & Establishment of a Permanent Bench - Formulated to formally abolish the Judicial Commissioner’s Court and extend the territorial jurisdiction of the High Court at Bombay to the Union Territory of Goa, Daman, and Diu. The Act mandated the creation of a permanent bench of the Bombay High Court at Panaji, securing direct access to a constitutional High Court for the region.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Union Ministry of Law and Justice pursuant to Article 241 and Article 230 of the Constitution, which empower Parliament to extend the jurisdiction of a High Court to a Union Territory or establish a High Court for it.

● Parliamentary Passage - Debated and passed by both Houses of Parliament (Seventh Lok Sabha and Rajya Sabha) during the monsoon session of 1981.

● Presidential Assent - Received Presidential Assent on September 9, 1981.

● Enforcement - Enforced on October 30, 1982 .

Source - Official Record of Parliament, India Code, and Ministry of Law and Justice.