What is Constitution Of India Article 139?

Constitution Of India Article 139: Conferment on the Supreme Court of Powers to Issue Certain Writs

{1}139A. Transfer of certain cases.

{2}(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:

Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.

(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

Note

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).
2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl. (1) (w.e.f. 1-8-1979).

Brief Detail

Article 139 empowers Parliament to grant the Supreme Court the authority to issue specific writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for matters outside the scope of Article 32, which is typically reserved for protecting fundamental rights.

Question & Answers

What powers are conferred on the Supreme Court under Article 139?

Article 139 allows Parliament to confer the power to issue directions, orders, or writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari to the Supreme Court, for purposes other than those outlined in Article 32.

How does Article 139 expand the Supreme Court’s authority?

It enables the Supreme Court to issue writs for purposes beyond the scope of fundamental rights protection, thereby extending its jurisdiction to other areas that Parliament may deem necessary.

Example

For example, if Parliament enacts a law granting the Supreme Court the power to issue writs in matters related to administrative decisions, the Court could exercise this authority in cases involving the government’s executive actions or regulations.

Summary

Article 139 enables Parliament to extend the Supreme Court’s powers to issue various writs for matters outside the scope of Article 32, thereby enhancing its role in safeguarding the legal and administrative functions of the government.