Lakshadweep administration has mooted a proposal to shift its legal jurisdiction from the Kerala High Court to the Karnataka High Court.
The proposal was initiated by the administration after several litigations were moved before the Kerala High Court against the decisions taken by the islands’ new Administrator Praful Khoda Patel.
These decisions included revising standard operating procedures for COVID- appropriate behavior, the introduction of the “goonda Act” and demolishing huts of fishermen for the widening of roads.
To know more Kerala High Court Stays 2 Controversial Orders Of Lakshadweep Administration (livelaw.in)
What is the procedure to shift jurisdiction of a High Court?
The jurisdiction of a High Court can be shifted only through an Act of Parliament.
Article 241 states that Parliament may by law constitute a high court for a Union Territory or declare any court in any such territory to be a high court for all or any of the purposes of this Constitution.
Section 4 of the same article mentions that “nothing in this Article derogates from the power of Parliament to extend or exclude the jurisdiction of a high court for a State to, or from, any Union Territory or part thereof”.
What are the issues involved?
Lakshadweep is currently under the jurisdiction of the Kerala High Court
Malayalam is the spoken as well as the written language both in Kerala and Lakshadweep.
Now, shifting the jurisdiction of the high court will change the entire judicial system of the islands.
It will break the bond of language.
Also, the High Court in Kerala is just 400 km away whereas that of Karnataka is over 1,000 km with no direct connectivity as well.
It would also mean extra-burden on the exchequer as all the cases, at present under trial, would have to be heard again afresh.
