THE DELHI HIGH COURT ACT, 1966 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and commencement. 

2. Definitions. 

3. High Court. 

3A. Salaries and allowances or Judges to be expenditure charged on Consolidated Fund of India. 

4.  Exceptions  and  modifications  subject  to  which  the  provisions  of  Chapter  V  of  Part  VI  of  the 

Constitution apply to the High Court of Delhi. 

5. Jurisdiction of High Court of Delhi. 

6. Power to enrol legal practitioners, etc. 

7. Practice and procedure in the High Court of Delhi. 

8. Custody of the Seal of the High Court of Delhi. 

9. Form of writs and other processes. 

10. Powers of Judges. 

11. Procedure as to appeals to Supreme Court. 

12. Transfer of proceedings from the High Court of Punjab to the High Court of Delhi. 

13. Right to appear or to act in proceedings transferred to the High Court of Delhi. 

14. Interpretation. 

15. Savings. 

16. Pending proceedings before subordinate courts in Delhi. 

17. Extension of the jurisdiction of the High Court of Delhi. 

18. Rule of construction. 

19. [Repealed.] 

20. Power to remove difficulties. 

21. Power to adapt laws. 

THE SCHEDULE. [Repealed.] 

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THE DELHI HIGH COURT ACT, 1966 

ACT NO. 26 OF 1966 

  [5th September, 1966.] 

An Act to provide for the constitution of a High Court for the Union territory of Delhi, for the 
extension of the jurisdiction of that High Court to the Union  territory of Himachal Pradesh 
and for matters connected therewith. 

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:— 

1. Short title and commencement.—(1) This Act may be called the Delhi High Court Act, 1966. 

(2) Section 17 shall come into force on such date1 as the Central Government may, by notification in 

the Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “appointed day” means the date appointed under section 3; 

(b) “notified order” means order notified in the Official Gazette. 

3.  High  Court.—(1)  As  from  such  date  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint, there shall be a High Court for the Union territory of Delhi (hereinafter referred 
to as the High Court of Delhi). 

(2)  The  principal  seat  of  the  High  Court  of  Delhi  shall  be  at  Delhi  or  at  such  other  place  as  the 

President may, by notified order, appoint. 

(3)  Notwithstanding  anything  contained  in  sub-section  (2),  the  Judges  and  Division  Courts  of  the 
High Court of Delhi may sit at such other place or places other than its principal seat as the Chief Justice 
may, with the approval of the President, appoint. 

2[3A.  Salaries  and  allowances  or  Judges  to  be  expenditure  charged  on  Consolidated  Fund  of 
India.—Expenditure in respect of the salaries and allowances of Judges of the High Court of Delhi shall 
be expenditure charged on the Consolidated Fund of India.] 

4. Exceptions and modifications subject to which the provisions of Chapter V of Part VI of the 
Constitution  apply  to  the  High  Court  of  Delhi.—(1)  The  provisions  of  Chapter  V  of  Part  VI  of  the 
Constitution  shall,  in  their  application  to  the  High  Court  of  Delhi,  have  effect  subject  to  the  following 
exceptions and modifications, namely:— 

(a)  in  article  217,  the  words  “the  Governor  of  the  State”  shall  be  omitted  and  in  relation  to 
appointments to be made under sub-section (2), that article shall be construed as if the words “and, in 
the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court,” 
had also been omitted; 

(b) in article 219, the reference to the Governor of the State, and in the proviso to clause (3) of 
article 227, the reference to the Governor, shall be construed as a reference to the administrator of the 
Union territory of Delhi; 

(c) the provisions of article 225 shall not apply; 

(d) in article 229,— 

(i)  the  references  to  the  Governor  of  the  State  shall  be  construed  as  references  to  the 

administrator of the Union territory of Delhi; 

1. 1st May, 1967, vide notification No. G.S.R. 508 (E), dated 11th April, 1967, see Gazette of India, Extraordinary,  
    Part II, sec. 3 (i). 
2. Ins. by Act 37 of 1969, s. 2 (w.e.f. 1-10-1969).  

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(ii) the references to the State Public Service Commission, the Legislature of the State and the 
Consolidated Fund of the State shall be construed, respectively as references to the Union Public 
Service Commission, Parliament and the Consolidated Fund of India; 

(e) the provisions of article 230 shall apply subject to the modifications that— 

(i) in clause (1) thereof, for the words “High Court” in both the places where they occur, the 
words  “High  Court  for  a  Union  territory”,  and  for  the  words  “any  Union  territory”,  the  words 
“any other Union territory” shall be substituted; 

(ii) for clause (2) thereof, the following clause shall be substituted, namely:— 

“(2)  Where  the  High  Court  for  a  Union  territory  exercises  jurisdiction  in  relation  to 
another  Union  territory,  the  reference  in  article  227  to  the  administrator  of  the  Union 
territory of Delhi shall, in relation to any rules, forms or tables for subordinate courts in that 
other  Union  territory,  be  construed  as  a  reference to  the  administrator  of  that  other  Union 
territory.”. 

(2)  Between  the  coming  into  force  of  this  section  and  the  appointed  day,  the  President  may,  after 
consultation with the Chief Justice of India, appoint the Chief Justice of the High Court of Delhi and as 
many other Judges of the said High Court as he thinks fit, and any appointments so made shall take effect 
as from the appointed day. 

5. Jurisdiction of High Court of Delhi.—(1) The High Court of Delhi shall have, in respect of the 
territories for the time being included in the Union territory of Delhi, all such original, appellate and other 
jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of 
the said territories by the High Court of Punjab. 

(2)  Notwithstanding  anything  contained  in  any  law  for  the  time  being  in  force,  the  High  Court  of 
Delhi shall also have in respect of the said territories ordinary original civil jurisdiction in every suit the 
value of which exceeds 1[rupees two crore]. 

6. Power to enrol legal practitioners, etc.—(1) The High Court of Delhi shall have like powers to 
approve, admit, enrol, remove and suspend legal practitioners, and to make rules with respect to them, as 
are,  under  the  law  in  force  immediately  before  the  appointed  day,  exercisable  by  the  High  Court  of 
Punjab. 

(2) The right of audience in  the High Court of Delhi shall be  regulated in accordance with the like 
principles, as, immediately before the appointed day, are in force with respect to the right of audience in 
the High Court of Punjab: 

Provided that subject to any rule made or direction given by the High Court of Delhi in the exercise 
of  the  powers  conferred  by  this  section,  any  person  who  immediately  before  the  appointed  day  is  an 
advocate entitled to practise or an attorney entitled to act in the High Court of Punjab shall be recognised 
as an advocate or an attorney entitled to practise or act, as the case may be, in the High Court of Delhi. 

7. Practice and procedure in the High Court of Delhi.—Subject to the provisions of this Act, the 
law  in  force  immediately  before  the  appointed  day  with  respect  to  practice  and  procedure  in  the  High 
Court of Punjab shall, with the necessary modifications, apply in relation to the High Court of Delhi and 
accordingly the High Court of Delhi shall have all such powers to make rules and orders with respect to 
practice  and  procedure  as  are  immediately  before  the  appointed  day  exercisable  by  the  High  Court  of 
Punjab and shall also have powers to make rules and orders with respect to practice and procedure for the 
exercise of its ordinary original civil jurisdiction: 

Provided  that  any  rules  or  orders  which  are  in  force  immediately  before  the  appointed  day  with 
respect to practice and procedure in the High Court of Punjab shall, until varied or revoked by rules or 
orders  made  by  the  High  Court  of  Delhi, apply  with  the  necessary  modifications  in  relation to  practice 
and procedure in the High Court of Delhi as if made by that High Court. 

1. Subs. by Act 23 of 2015, s. 2, for “rupees twenty lakhs” (w.e.f. 26-10-2015). 

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8.  Custody  of  the  Seal  of  the  High  Court  of  Delhi.—The  law  in  force  immediately  before  the 
appointed  day  with  respect  to  the  custody  of  the  Seal  of  the  High  Court  of  Punjab  shall,  with  the 
necessary modifications, apply with respect to the custody of the Seal of the High Court of Delhi. 

9. Form of writs and other processes.—The law in force immediately before the appointed day with 
respect  to  the  form  of  writs  and other  processes  used,  issued or awarded,  by  the  High  Court  of  Punjab 
shall, with the necessary modifications, apply with respect to the form of writs and other processes, used, 
issued or awarded by the High Court of Delhi. 

10.  Powers  of  Judges.—(1)  Where  a  single  Judge  of  the  High  Court  of  Delhi  exercises  ordinary 
original civil jurisdiction conferred by sub-section (2) of section 5 on that Court, an appeal shall lie from 
the judgment of the single Judge to a Division Court of that High Court. 

(2) Subject to the provisions of sub-section (1), the law in force immediately before the appointed day 
relating to the powers of the Chief Justice, single Judges and Division Courts of the High Court of Punjab 
and  with  respect  to  all  matters  ancillary  to  the  exercise  of  those  powers  shall,  with  the  necessary 
modifications, apply in relation to the High Court of Delhi. 

11.  Procedure  as  to  appeals  to  Supreme  Court.—The  law in  force  immediately  before  the 
appointed day relating to appeals to the Supreme Court from the High Court of Punjab and the Judges and 
Division  Courts  thereof  shall,  with  the  necessary  modifications,  apply  in  relation  to  the  High  Court  of 
Delhi. 

12.  Transfer  of  proceedings  from  the  High  Court  of  Punjab  to  the  High  Court  of                   

Delhi.—(1) Except as hereinafter provided, the High Court of Punjab shall, as from the appointed day, 
have no jurisdiction in respect of the Union territory of Delhi. 

(2) Such proceedings pending in the High Court of Punjab immediately before the appointed day as 
are certified, whether before or after that day, by the Chief Justice of that High Court having regard to the 
place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard 
and decided by the High Court of Delhi, shall, as soon as may be after such certification, be transferred to 
the High Court of Delhi. 

(3) Notwithstanding anything contained  in sub-sections (1) and (2) of this section and in section 5, 
but save as hereinafter provided, the High Court of Punjab shall have, and the High Court of Delhi shall 
not have, jurisdiction to entertain, hear or dispose of, appeals, applications for leave to appeal including 
leave  to  appeal  to  the  Supreme  Court,  applications  for  review  and  other  proceedings  where  any  such 
proceedings  seek  any  relief  in  respect  of  any  order  passed  by  the  High  Court  of  Punjab  before  the 
appointed day: 

Provided  that  if  after  any  such  proceedings  have  been  entertained  by  the  High  Court  of  Punjab,  it 
appears  to  the  Chief  Justice  of  that  High  Court  that  they  ought  to  be  transferred  to  the  High  Court  of 
Delhi, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred 
accordingly. 

(4) Any order made by the High Court of Punjab— 

(a) before the appointed day, in any proceedings transferred to the High Court of Delhi by virtue 

of sub-section (2); 

(b)  in  any  proceedings  with  respect  to  which  the  High  Court  of  Punjab  retains  jurisdiction  by 

virtue of sub-section (3), 

shall for all purposes have effect, not only as an order of the High Court of Punjab, but also as an order 
made by the High Court of Delhi. 

13.  Right  to  appear  or  to  act  in  proceedings  transferred  to  the  High  Court  of  Delhi.—Any 
person  who,  immediately  before  the  appointed  day,  is  an  advocate  entitled  to  practise  or  an  attorney 
entitled to act, in the  High  Court  of  Punjab,  and  was  authorised  to  appear  or  to  act  in  any  proceedings 
transferred  from  that  High  Court  to  the  High  Court  of  Delhi  under  section  12,  shall  have  the  right  to 
appear or to act, as the case may be, in the High Court of Delhi in relation to those proceedings. 

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14. Interpretation.—For the purposes of sections 12 and 17,— 

(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues 
between the parties, including any issues with respect to the taxation of the costs of the proceedings 
and  shall  include  appeals,  applications  for  leave  to  appeal  to  the  Supreme  Court,  applications  for 
review, petitions for revision and petitions for writs; 

(b) references to a High Court shall be construed as including references to a Judge or Division 
Court thereof, and references to an order made by a court or a Judge shall be construed as including 
references to a sentence, judgment or decree passed or made by that court or Judge. 

15.  Savings.—Save  as  provided  in  section  4,  nothing  in  this  Act  shall  affect  the  application  to  the 
High Court of Delhi of any provisions of the Constitution, and this Act shall have effect subject to any 
provision  that  may  be  made  on  or  after  the  appointed  day  with  respect  to  the  High  Court  by  any 
Legislature or other authority having power to make such provision. 

16.  Pending  proceedings  before  subordinate  courts  in  Delhi.—All  proceedings  pending 
immediately  before  the  appointed  day  in  any  subordinate  court  in  the  Union  territory  of  Delhi  in  or  in 
relation  to  any  such  civil  suit  as  is  referred  to  in  sub-section  (2)  of  section  5  shall  on  that  day  stand 
transferred to the High Court of Delhi which shall proceed to try, hear and determine the matter as if it 
had been pending therein. 

17. Extension of the jurisdiction of the High Court of Delhi.—(1) As from such date as the Central 
Government may, by notification in the Official Gazette, appoint hereinafter referred to as the prescribed 
date), the jurisdiction of the High Court of Delhi shall extend to the Union territory of Himachal Pradesh. 

(2) As from the prescribed date the Court of the Judicial Commissioner for Himachal Pradesh shall 

cease to function and is hereby abolished: 

Provided  that  nothing  in  this  sub-section  shall  prejudice  or  affect  the  continued  operation  of  any 
notice served, injunction issued, direction given, or proceedings taken before the prescribed date by the 
Court of the Judicial Commissioner for Himachal Pradesh abolished by this sub-section. 

(3) The High Court of Delhi shall have, in respect of the territories for the time being included in the 

Union territory of Himachal Pradesh,— 

(a) all such original, appellate and other jurisdiction as under the law in force immediately before 
the  prescribed  date,  is  exercisable  in  respect  of  the  said  territories  by  the  Court  of  the  Judicial 
Commissioner for Himachal Pradesh; and also 

(b)  ordinary  original  civil jurisdiction in  every  suit the  value  of  which  exceeds  1[fifty  thousand 

rupees], notwithstanding anything contained in any law for the time being in force. 

(4) All proceedings pending in the Court of the Judicial Commissioner for Himachal Pradesh before 

the prescribed date shall stand transferred to the High Court of Delhi. 

(5) Any order made before the prescribed date by the Court referred to in sub-section (4) shall for all 

purposes have effect not only as an order of that Court but also as an order of the High Court of Delhi. 

(6)  For  the  removal  of  doubts,  it  is  hereby  declared  that  the  provisions  of  sections  6  to  11  and  13 
shall, with the necessary modifications, apply to the High Court of Delhi in  the exercise of jurisdiction 
conferred upon it by this section. 

(7) All proceedings pending immediately before the prescribed date in any subordinate  court in the 
Union territory of Himachal Pradesh in or in relation to any such civil suit as is referred to in clause (b) of 
sub-section (3) shall on that date stand transferred to the High Court of Delhi which shall proceed to try, 
hear and determine the matter as if it had been pending therein. 

1. Subs. by Act 37 of 1969, s. 4, for “twenty-five thousand rupees” (w.e.f. 1-10-1969). 

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18. Rule of construction.—(1) References in any law in force in the Union territory of Delhi to the 
High Court of Punjab shall, as from the appointed day, be construed in relation to that Union territory as 
references to the High Court of Delhi. 

(2) References in any law in force in the Union  territory of Himachal Pradesh to the High Court of 
Punjab or to the Court of the Judicial Commissioner for that territory shall, as from the prescribed date, be 
construed in relation to that Union territory as references to the High Court of Delhi. 

19. [Amendment of certain laws.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974) s. 2 and 

the First Schedule (w.e.f. 20-12-1974). 

20. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this  Act,  the  Central  Government  may,  by  notified  order,  make  such  provision  as  appears  to  it  to  be 
necessary or expedient for the removal of the difficulty. 

(2) Every order made under this section shall be laid as soon as may be after it is made before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session or in two successive sessions and if, before the expiry of the session in which it is so laid or the 
session  immediately  following,  both  Houses  agree  in  making  any  modification  in  the  order  or  both 
Houses  agree  that  the  order  should  not  be  made,  the  order  shall  thereafter  have  effect  only  in  such 
modified  form  or  be  of  no  effect,  as  the  cases  may  be;  so,  however,  that  any  such  modification  or 
annulment shall be without prejudice to the validity of anything previously done under that order. 

21. Power to adapt laws.— For the purpose of facilitating the application of any law in relation to 
the Union territory of Delhi or Himachal Pradesh, the Central Government may, before the expiration of 
two years from the appointed day in relation to the Union territory of Delhi and before the expiration of 
two years from the prescribed date in relation to the Union territory of Himachal Pradesh, by order, make 
such  adaptations  and  modifications  of  the  law,  whether  by  way  of  repeal  or  amendment,  as  may  be 
necessary or expedient to give effect to the provisions of this Act and thereupon every such law shall have 
effect  subject  to  the  adaptations  and  modifications  so  made  until  altered,  repealed  or  amended  by  a 
competent Legislature or other competent authority. 

[The Schedule.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974) s. 2 and the First Schedule 

(w.e.f. 20-12-1974). 

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