What is Article 395 of Indian Constitution – Defination & Meaning
Article 395: Repeals The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the
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Article 135 of the Indian Constitution addresses the jurisdiction and powers of the Supreme Court regarding matters that were previously under the Federal Court. This article states that until Parliament enacts a law to change this, the Supreme Court can handle cases outside the scope of Articles 133 and 134. These articles specifically relate to appeals to the Supreme Court from High Courts in particular circumstances. By allowing the Supreme Court to take over these responsibilities, the Constitution aims to create a unified judicial system that is necessary for maintaining justice across the nation. This article impacts all citizens seeking legal recourse in matters that don’t strictly fall under other articles. For example, if a legal issue was managed by the Federal Court before the Constitution came into effect, the Supreme Court can now handle that matter. This change simplifies the process for citizens, as they have a single court to approach for legal issues. It also reduces uncertainty about which court has jurisdiction, providing clarity for individuals and legal practitioners alike. The real-world implications of Article 135 are substantial. It ensures that the Supreme Court can provide justice where needed, filling any gaps left by previous laws. By doing so, it plays a key role in the broader judicial framework, making it easier for individuals to navigate the legal landscape. Overall, Article 135 contributes to a more efficient and accessible judicial system, ensuring that justice is served effectively for all citizens, regardless of the complexity of their cases.
Article 135 was introduced during the Constituent Assembly discussions in 1949, reflecting the need for a cohesive judicial system following India’s independence. The framers aimed to ensure that the Supreme Court could assume jurisdiction over matters previously overseen by the Federal Court. This article has remained unchanged since its inception, highlighting its foundational role in the judicial hierarchy. The debates in the Constituent Assembly emphasized the importance of a strong Supreme Court to maintain law and order in the new democratic framework, leading to the inclusion of this article. Supreme Court cases, such as ‘Keshavananda Bharati vs. State of Kerala’, illustrate the article’s practical application in safeguarding constitutional supremacy.
Consider the following statements regarding Article 135 of the Indian Constitution: 1. It allows the Supreme Court to exercise jurisdiction over matters previously handled by the Federal Court. 2. This jurisdiction remains unchanged and cannot be modified by Parliament. 3. Article 135 applies to cases not specifically covered under Articles 133 and 134. Which of the following statements are correct? A) Only 1 B) Only 2 C) 1 and 3 D) 1, 2 and 3. Discuss the implications of each statement on legal proceedings.
The correct answer is C) 1 and 3. Article 135 does allow the Supreme Court to take jurisdiction from the Federal Court, but this jurisdiction can be altered by Parliament through appropriate legislation. Therefore, statement 2 is incorrect, as Parliament has the power to change the legal framework governing jurisdiction.
Article 135 allows the Supreme Court to assume jurisdiction over matters that were previously under the Federal Court’s authority. This ensures that there is a clear legal framework for addressing cases not covered by other articles. It plays a key role in streamlining the judicial system, making it easier for citizens to seek justice efficiently.
This change simplifies the process for citizens, as they have a single court to approach for legal issues. It also reduces uncertainty about which court has jurisdiction, providing clarity for individuals and legal practitioners alike. The real-world implications of Article 135 are substantial. Article 135 of the Indian Constitution addresses the jurisdiction and powers of the Supreme Court regarding matters that were previously under the Federal Court.
Articles 133 and 134 are closely related to Article 135, as they deal with appeals to the Supreme Court from High Courts. Understanding these articles provides context to the jurisdictional authority of the Supreme Court. This knowledge helps clarify how cases are processed within the legal system and the specific circumstances under which appeals can be made.
Article 395: Repeals The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the
Article 394: Commencement This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the
Article 394A: Authoritative text in the Hindi language (1) The President shall cause to be published under his authority,— (a) the translation of this
Article 392: Power of the President to remove difficulties (1) The President may, for the purpose of removing any difficulties, particularly in relation to
Article 393: Short title This Constitution may be called the Constitution of India.
Article 390: Money received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950 Omitted by the
Article 391: Power of the President to amend the First and Fourth Schedules in certain contingencies Omitted by the Constitution (Seventh Amendment) Act,
Article 388: Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States Omitted by the
Article 389: Provision as to Bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States Omitted by the Constitution
Article 386: Council of Ministers for States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f.
Article 387: Special provision as to determination of population for the purposes of certain elections Omitted by the Constitution (Seventh Amendment) Act,
Article 384: Council of Ministers of the Governors Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 385: Provision as to provisional Legislatures in States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 382:Provisions as to provisional Legislatures for States in Part A of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 381: Council of Ministers of the President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 380: Provision as to President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 378A: Special provision as to duration of Andhra Pradesh Legislative Assembly Notwithstanding anything contained in article 172, the Legislative
Article 379: Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 377: Provisions as to Comptroller and Auditor-General of India The Auditor-General of India holding office immediately before the commencement of this
Article 378: Provisions as to Public Service Commissions (1) The members of the Public Service Commission for the Dominion of India holding office immediately
Article 375: Courts, authorities and officers to continue to function subject to the provisions of the Constitution All courts of civil, criminal and revenue
Article 376: Provisions as to Judges of High Courts (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province
Article 373: Power of President to make order in respect of persons under preventive detention in certain cases Until provision is made by Parliament under
Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council (1) The Judges of the
Article 372: Continuance in force of existing laws and their adaptation (1) Notwithstanding the repeal by this Constitution of the enactments referred to in
Article 372A: Power of the President to adapt laws. (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof,
Article 371I: Special provision with respect to the State of Goa Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa
Article 371J: Special provisions with respect to the State of Karnataka (1) The President may, by order made with respect to the State of Karnataka, provide
Article 371G: Special provision with respect to the State of Mizoram Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of—
Article 371H: Special provision with respect to the State of Arunachal Pradesh Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal
Article 371F: Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,— (a) the Legislative Assembly of the State
Article 371E: Establishment of Central University in Andhra Pradesh Parliament may by law provide for the establishment of a University in the State of Andhra
Explanation.—In this article, the expression “Hill Areas” means such areas as the President may, by order, declare to be Hill areas.
Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana (1) The President may by order made with respect to the
Article 371A: Special provision with respect to the State of Nagaland (1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect
Article 371B: Special provision with respect to the State of Assam Notwithstanding anything in this Constitution, the President may, by order made with
Article 370: Temporary provisions with respect to the State of Jammu and Kashmir (1) Notwithstanding anything in this Constitution,— (a) the provisions of
Article 371: Special provision with respect to the States of Maharashtra and Gujarat (2) Notwithstanding anything in this Constitution, the President may by
Article 368: Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding anything in this Constitution, Parliament may in
Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
Article 366: Definitions In this Constitution, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned
Article 367: Interpretation (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that
Article 364: Special provisions as to major ports and aerodromes (1) Notwithstanding anything in this Constitution, the President may by public notification
Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with, or to give
Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. (1) Notwithstanding anything in this Constitution but
Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished Notwithstanding anything in this Constitution or in any
Article 362: Rights and privileges of Rulers of Indian States Omitted by the Constitution (Twenty-sixth Amendment)Act, 1971, s. 2 (w.e.f. 28-12-1971).
Article 361B: Disqualification for appointment on remunerative political post A member of a House belonging to any political party who is disqualified for
Article 361: Protection of President and Governors and Rajpramukhs (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any