Section 3: Saving of jurisdiction of Courts of Wards and Chartered High Courts

Introduction of the Section 3

Section 3 of the Guardians and Wards Act, 1890, addresses the relationship between the provisions of the Act and the jurisdiction of certain courts, namely Courts of Wards and High Courts. It ensures that the implementation of the Guardians and Wards Act does not infringe upon or reduce the authority of these courts.

Text of Section 3

This Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by 1[any competent legislature, authority or person in 2[any State to which this Act extends]], and nothing in this Act shall be construed to affect, or in any way derogate from the jurisdiction or authority of any Court of Wards, or to take away any power possessed by 3[any High Court 4 ***].

1. Subs. by the A.O. 1937, for “the G.G. in C., or by a Governor or Lieutenant-Governor in Council”.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States”.
3. Subs. by the A.O. 1937, for “any High Court established under the Statute 24 and 25 Victoria, Ch. 104 (an Act for establishing High Courts of Judicature in India).”
4. The words “established in Part A States and Part C States” omitted by Act 3 of 1951, s. 3 and the Schedule.

Simplified Explanation

Overview

Section 3 of the Guardians and Wards Act, 1890, clarifies that the Act must be understood and applied in a way that respects the authority of existing institutions, especially the Courts of Wards and High Courts. This section ensures that the new law does not override or limit the powers of these established courts.

Key Points of Section 3

1. Subordination to Other Enactments: The Guardians and Wards Act is to be read with respect to any prior or future laws concerning Courts of Wards.
2. Protection of Court Jurisdiction: The Act does not diminish the authority or jurisdiction of any Court of Wards or High Court.
3. No Infringement on Existing Powers: The section makes it clear that the powers of these courts, particularly in relation to guardianship and ward matters, are not affected by the new provisions of this Act.

Purpose and Scope

The purpose of Section 3 is to ensure that the Guardians and Wards Act does not interfere with or replace the jurisdiction of other courts that may have a role in the guardianship of minors, specifically Courts of Wards and High Courts. It acknowledges that there could be other laws or court systems in place for dealing with similar issues and ensures that this Act does not alter their established functions.

Practical Impact

Section 3 prevents conflicts between the Guardians and Wards Act and other judicial systems, particularly in regions or matters where specific jurisdictions are already established. This safeguard allows the courts to continue their operations without interruption, ensuring that the powers of the Courts of Wards and High Courts are maintained.

For example:

• A Court of Wards, which historically deals with the care and management of estates and minors, continues to exercise its jurisdiction in cases involving the wardship of minors, even if a case also falls under the Guardians and Wards Act.
• High Courts, as superior courts, retain their oversight on guardianship matters if they have already been involved or if the law directs their involvement.

Examples:

1. Example 1: If a minor’s guardianship case is already under the jurisdiction of a Court of Wards in a particular state, Section 3 ensures that this court’s authority over the case remains intact, even if the Guardians and Wards Act applies.
2. Example 2: A case involving the guardianship of a minor might be initially handled by a High Court in the state. Section 3 ensures that the Guardians and Wards Act does not override the High Court’s jurisdiction in this matter.
3. Example 3: If new laws are introduced regarding Courts of Wards in a specific state, Section 3 ensures that such laws are applied alongside the provisions of the Guardians and Wards Act without conflict.

Conclusion

Section 3 of the Guardians and Wards Act, 1890, is an important provision that safeguards the jurisdiction and authority of Courts of Wards and High Courts. It makes it clear that the Guardians and Wards Act should not be interpreted in a way that diminishes or overrides the established powers of these courts. This ensures that the Act operates harmoniously with other legal systems and courts in India.