Article 139 of the Costitution of India with Case law
📘 Article 139 of the Constitution of India – Conferment on the Supreme Court of powers to issue certain writs
🔹 Text of Article 139:
“Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for any purpose other than those mentioned in clause (2) of Article 32.”
🧾 Explanation:
Article 139 empowers Parliament to extend the writ jurisdiction of the Supreme Court beyond the enforcement of fundamental rights (which is covered under Article 32).
This means that Parliament can authorize the Supreme Court to issue writs for other legal rights or purposes through legislation.
However, the powers under Article 139 do not flow automatically; they must be conferred by law made by Parliament.
🏛️ Key Legal Distinction:
| Feature | Article 32 | Article 139 |
|---|---|---|
| Who can issue writs? | Supreme Court | Supreme Court (by law from Parliament) |
| Purpose | Enforcement of Fundamental Rights | For other legal purposes (not Fundamental Rights) |
| Source | Directly from Constitution | Through Parliamentary legislation |
| Nature | Fundamental Right itself | Discretionary power granted via statute |
⚖️ Important Case Laws on Article 139:
🔹 1. Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520
Context: Relating to the scope of Supreme Court’s power to issue writs.
Observation: Although Article 32 directly enables SC to issue writs for fundamental rights, Article 139 allows Parliament to expand this power beyond fundamental rights, thereby increasing the SC’s jurisdiction through statute.
🔹 2. L. Chandra Kumar v. Union of India, (1997) 3 SCC 261
Held: The power of judicial review is part of the basic structure of the Constitution.
Relevance: Though not directly under Article 139, the Court emphasized the importance of writ jurisdiction and the need to preserve judicial access, whether under Article 32 or as extended by Parliament under Article 139.
🔹 3. Charanjit Lal Chowdhury v. Union of India, AIR 1951 SC 41
Clarified that writ jurisdiction under Article 139 is not self-executing—requires a law made by Parliament.
This ensures checks and balances in extending the SC’s powers.
📝 Key Takeaways:
Article 139 is an enabling provision – it does not directly grant writ powers beyond Fundamental Rights.
Parliament must pass a law to activate Article 139.
It aims to provide flexibility to the Supreme Court's jurisdiction for legal issues beyond fundamental rights.
It complements Articles 32 (SC writs) and 226 (HC writs), ensuring legal remedies for all types of rights.
🔧 Example Law under Article 139:
The Delhi Special Police Establishment Act, 1946 (as amended): Some provisions allow the SC to entertain appeals directly from certain tribunals or courts, indirectly expanding its writ-like jurisdiction under enabling clauses including Article 139.
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