K. Sridhar Kumar vs The Union Of India (Uoi), Ministry Of ... on 26 February, 2002
As far as the first question is concerned, Sri S.P. Gupta, counsel for the petitioner in that case, submitted that the first proviso to paragraph 14 of the United Provinces High Courts (Amalgamation) Order, 1948 is consistent (sic) (inconsistent?) with Articles 214, 226, 227 and 228 of the Constitution and also the general scheme of the constitution of the High Courts under the Constitution. It was contended that Article 214 of the Constitution provides for the existence of a single High Court in each State and there cannot be two separate judiciaries in the same State. It was urged that the test of singularity of a High Court, as contemplated by the Constitution, in a State should be its capacity to judicially function throughout its territory from the place where it is erected. The singularity of the Chief Justice or common set of Judges or a common seal should not be the correct test to find out the constitutionally contemplated singularity.