What is Article 138 of Indian Constitution – Defination & Meaning

Article 138: Enlargement of the jurisdiction of the Supreme Court (1) The Supreme Court shall have such further jurisdiction and powers with respect to any of
📅 Part V – The Union
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📚 UPSC Relevant

Article Number

138

part

Part V – The Union

Status

Active

Full Definition & Explanation

Article 138 of the Indian Constitution expands the powers and jurisdiction of the Supreme Court. This article allows the Supreme Court to exercise its authority over matters listed in the Union List, which includes subjects like defense and foreign affairs. Parliament can confer further jurisdiction and powers to the Supreme Court through legislation. This means that the Supreme Court can step in and resolve issues that might not be directly covered under its existing powers, thus enhancing its role in the judicial system. The article also provides a mechanism for the Supreme Court to gain jurisdiction through special agreements between the Government of India and State Governments. If Parliament enacts a law providing for such special agreements, the Supreme Court can exercise its powers accordingly. This flexibility allows for a more collaborative approach between the central and state governments when it comes to legal disputes, ensuring that the Supreme Court can address a wider range of issues that affect citizens across states. The real-world impact of Article 138 is seen in various landmark cases where the Supreme Court has intervened in matters that required an urgent legal resolution. For instance, it can help resolve disputes related to inter-state water sharing or issues arising from central-state relations. This article thus empowers the Supreme Court to act as a guardian of the Constitution, ensuring that justice is accessible and that the rule of law prevails in complex legal scenarios.

Historical Context

This article allows the Supreme Court to exercise its authority over matters listed in the Union List, which includes subjects like defense and foreign affairs. Parliament can confer further jurisdiction and powers to the Supreme Court through legislation. This means that the Supreme Court can step in and resolve issues that might not be directly covered under its existing powers, thus enhancing its role in the judicial system. The article also provides a mechanism for the Supreme Court to gain jurisdiction through special agreements between the Government of India and State Governments.

Key Features

– The Supreme Court can exercise further jurisdiction as defined by Parliament.
– It allows for special agreements between the central and state governments.
– Parliament must provide laws for the exercise of additional powers.
– The article enhances the Supreme Court’s role in resolving disputes.
– It applies to matters listed in the Union List of the Constitution.

Importance & Impact

– The article empowers the Supreme Court to handle complex legal issues.
– It allows for collaboration between the central and state governments.
– Parliament can expand the Supreme Court’s jurisdiction through laws
– The Supreme Court can address inter-state disputes effectively
– This article ensures justice is accessible to all citizens

Sample UPSC Question

Consider the following statements about Article 138: 1. Article 138(1) allows Parliament to extend the Supreme Court’s jurisdiction on Union List matters. 2. Under Article 138(2), Parliament can extend jurisdiction on state matters without state consent. 3. The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act 1970 was enacted under Article 138. 4. Article 138 enables parliamentary expansion of Supreme Court jurisdiction beyond its original constitutional scope. Which statements are correct? a) 1 and 3 only b) 1, 3 and 4 only c) 2 and 4 only d) 1, 2, 3 and 4

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct per Article 138(1). Statement 2 is wrong — under Article 138(2), the consent of all state governments is required to extend jurisdiction on non-Union List matters. Statement 3 is correct — this act is an example of Article 138 being used. Statement 4 is correct — Article 138 supplements the original constitutional jurisdiction.

Key Takeaways

✓ Article 138 expands the Supreme Court’s jurisdiction as needed.
✓ Parliament can grant the Supreme Court additional powers.
✓ States can enter agreements to influence Supreme Court jurisdiction.
✓ The article addresses complex legal issues effectively
✓ It promotes collaboration between central and state governments.

FAQs

Article 138 of the Indian Constitution expands the powers and jurisdiction of the Supreme Court. This article allows the Supreme Court to exercise its authority over matters listed in the Union List, which includes subjects like defense and foreign affairs. Parliament can confer further jurisdiction and powers to the Supreme Court through legislation.

If Parliament enacts a law providing for such special agreements, the Supreme Court can exercise its powers accordingly. This flexibility allows for a more collaborative approach between the central and state governments when it comes to legal disputes, ensuring that the Supreme Court can address a wider range of issues that affect citizens across states. The real-world impact of Article 138 is seen in various landmark cases where the Supreme Court has intervened in matters that required an.

The real-world impact of Article 138 is seen in various landmark cases where the Supreme Court has intervened in matters that required an urgent legal resolution. For instance, it can help resolve disputes related to inter-state water sharing or issues arising from central-state relations. This article thus empowers the Supreme Court to act as a guardian of the Constitution, ensuring that justice is accessible and that the rule of law prevails in complex legal scenarios.

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