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8. In order to appreciate the submissions of learned counsel for the parties, which we will notice shortly, relevant entries of the three lists in the Constitution of India, before and after the Constitution (42nd Amendment) Act, 1976 and as they existed in Government of India Act, 1935, are being quoted.

9. Entry 53 of List-I: Entries 1 and 2 of List-II and Entry 15 of List-III in Government of India Act, 1935 were in the following terms:-

Entry 53 of List-I:
Jurisdiction and powers of all courts, except Federal Court with respect to any of the matters in this List, and to such extent as is expressly authorized on Part IX of this Act, the enlargement of appellate jurisdiction of the Federal Court and the conferring thereon of supplemental powers.
Entry 1 of List-II Administration of justice; constitution and organisation of all Courts, except Federal Court and fees taken therein;...
Entry 2 of List-II Jurisdiction and powers of all courts, except the Federal Court with respect to any of the matters in this List; procedure in Rent and Revenue Courts.
Entry 15 of List-III Jurisdiction and powers of all Courts except the Federal Court with respect to any of the matters in this List."
Entries 77, 78 and 95 of List-I in the Seventh Schedule of the Constitution are as under:-

19. Entry 53 of Government of India Act, 1935 in List-I conferred upon the Centre power to legislate on the jurisdiction and powers of all Courts, except Federal Court with respect of matters in List-I. Entry 1 of List-II was "Administration of Justice; constitution and organisation of all courts, except Federal Court". Entry 2 of List II conferred on the State Legislature competence to legislate on the jurisdiction and powers of all courts except Federal Court with respect to any of the matters in List-II. In Entry 1 of List II word "jurisdiction and organisation" was not there. It was thus argued on behalf of the respondents in Narottam Das's case (supra) that the promissory notes being central subject, jurisdiction and power of the High Court, in respect of litigation concerning promissory notes would be a central subject. On behalf of the appellants, it was argued that the words "administration of justice" in Entry 1 of List-II were comprehensive enough to clothe the Provincial Legislature with power to make laws, not merely "constituting" a new court but investing such court with general jurisdiction power to receive, try and determine all suits and other proceedings including the suits founded on promissory notes. Needless to add here that under the Government of India Act, 1935 "constitution and organisation of High Courts"

42. In re The Special Courts Bill, 1978, Special Reference No. 1 of 1978 the Apex Court noticed that Entry 11-A of the Concurrent List relates to "administration of justice"; "constitution and organisation of all courts, except the Supreme Court and the High Courts". The field the legislation covered by Entry 11-A of List III was originally a part of Entry 3 of List II. By Section 57(b)(iii) of the 42nd Amendment Act, 1976, which came into force on January 3, 1977 that part was omitted from Entry 3, List II and by virtue of Clause (c) of Section 57 it was inserted into List III as item 11-A. This transposition of part of entry 3 of List II and insertion of new entry 11-A in List III had led to the argument that the particular amendment introduced by Section 57(b)(iii) and (c) of the 42nd Amendment Act, 1976 is invalid since it destroys the basic feature of the Constitution, as originally enacted,namely, federalism. Such argument was not entertained holding that for conferment of concurrent power on the Parliament in place of the exclusive power of the State Legislatures with respect to the "constitution and organisation of courts other than Supreme Court and the High Court" does not affect the principle of federalism in the form in which Constitution has accepted and adopted it. Constitution and Organisation of High Court is a subject in List I and as such does not confer any authority, power or jurisdiction o the State Legislatures to alter, amend, enlarge or extinguish the general jurisdiction vested in the High Court.