Article 138 of the Costitution of India with Case law
🇮🇳 Article 138 of the Constitution of India
Topic: Enlargement of the Jurisdiction of the Supreme Court
🔹 Text of Article 138:
(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides.
🧾 Explanation:
Article 138 empowers Parliament to expand the jurisdiction of the Supreme Court beyond what is provided in the Constitution, particularly:
With respect to Union List matters.
In matters where both the Union and a State government agree, if Parliament enacts a law allowing it.
🧭 Purpose:
To allow flexibility in assigning additional responsibilities to the Supreme Court.
This power ensures that the Supreme Court’s authority can evolve with changing national needs.
⚖️ Important Case Law on Article 138:
1. Union of India v. Sankalchand H. Sheth (1977) 4 SCC 193
Although not directly on Article 138, the case reflects on judicial powers and limitations on executive influence, reinforcing that the jurisdiction of the SC must be conferred by law.
2. State of Karnataka v. Union of India, (1977) 4 SCC 608
Addressed the nature and scope of Supreme Court jurisdiction, stating that Article 138 empowers Parliament to enlarge the jurisdiction but cannot curtail it.
3. In re: The Kerala Education Bill, 1957 AIR 956
This Presidential Reference clarified that when Parliament expands the SC’s jurisdiction under Article 138, it must be within constitutional bounds and cannot violate fundamental principles.
📜 Laws enacted under Article 138:
🔹 The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
Enlarged the SC’s criminal appellate jurisdiction, allowing appeals in certain criminal matters where previously it was limited.
✅ Key Points Summary:
| Element | Description |
|---|---|
| Purpose | To allow Parliament to expand SC's powers beyond those in the Constitution |
| Scope | Union List matters + State matters by special agreement |
| By Whom | Only Parliament by law |
| Examples of Use | Enlargement of criminal appellate jurisdiction via 1970 Act |
| Judicial Review? | Parliament’s law under Article 138 is subject to judicial review |
🔍 Conclusion:
Article 138 reflects the dynamic nature of the Indian judiciary, allowing the Supreme Court’s jurisdiction to grow with national needs through legislative action. However, such enlargement must always align with the constitutional scheme and judicial independence.
RELATED Blog
0 comments