What is Article 247 of Indian Constitution – Defination & Meaning

Article 247: Power of Parliament to provide for the establishment of certain additional courts Notwithstanding anything in this Chapter, Parliament may by law
📅 Part XI – Relations Between the Union and the States
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📚 UPSC Relevant

Article Number

247

part

Part XI – Relations Between the Union and the States

Status

Active

Full Definition & Explanation

Article 247 empowers the Parliament of India to establish additional courts. This is done to improve the administration of laws made by Parliament or existing laws related to matters in the Union List. The Union List contains subjects on which only Parliament can legislate, such as defense, foreign affairs, and atomic energy. By allowing the creation of more courts, the article aims to ensure that laws are effectively enforced and that justice is accessible to all citizens. This article impacts various stakeholders, including citizens seeking justice, legal practitioners, and the judiciary itself. By establishing additional courts, the government can reduce the burden on existing judicial systems, leading to quicker resolution of cases. This is particularly relevant in areas experiencing high litigation rates or complex legal issues. Also, it allows for specialized courts to handle specific types of cases, such as those involving commercial disputes or family matters, providing more efficient legal processes. While Article 247 gives Parliament this power, it does not interfere with state judicial systems. States have their own authority to establish courts under their jurisdiction. However, in matters of national importance, this article allows the central government to step in and ensure that adequate judicial resources are available. This provision reflects a balance between federal authority and state rights, aiming to enhance the overall judicial framework in the country.

Historical Context

This is done to improve the administration of laws made by Parliament or existing laws related to matters in the Union List. The Union List contains subjects on which only Parliament can legislate, such as defense, foreign affairs, and atomic energy. By allowing the creation of more courts, the article aims to ensure that laws are effectively enforced and that justice is accessible to all citizens. This article impacts various stakeholders, including citizens seeking justice, legal practitioners, and the judiciary itself.

Key Features

– Parliament can create additional courts by law for better law administration.
– The article applies to matters listed in the Union List of the Constitution.
– It allows for specialized courts to handle specific legal issues effectively.
– The provision aims to reduce case backlogs in the existing judicial system.
– It maintains a balance between central and state judicial powers.

Importance & Impact

– The power granted to Parliament to establish courts improves overall judicial efficiency in the country.
– Creating additional courts can lead to quicker resolutions of legal disputes for citizens in need.
– Specialized courts enhance the handling of complex legal matters, providing focused expertise.
– This article ensures that justice is accessible to all citizens by expanding judicial resources.
– It effectively addresses case backlogs by increasing the number of judicial resources available.

Sample UPSC Question

Consider the following statements regarding Article 247 of the Indian Constitution: A) It allows Parliament to establish additional courts for better law administration. B) It applies only to matters in the State List. C) It aims to improve law administration and reduce backlogs. D) It has been amended multiple times since 1949. Which of the statements is/are correct? A) Only A and C B) Only B and D C) A, C, and D D) All of the above. Discuss the implications of each statement in the context of judicial administration.

Answer

The correct answer is A) Only A and C. Article 247 empowers Parliament to establish additional courts specifically for enhancing law administration and addressing case backlogs. Options B and D are incorrect, as the article pertains to the Union List, not the State List, and it has not been amended since 1949.

Key Takeaways

✓ Article 247 empowers Parliament to create extra courts as needed.
✓ It specifically targets matters included in the Union List.
✓ Creating additional courts helps tackle growing case backlogs effectively.
✓ Specialized courts provide focused expertise on complex legal issues.
✓ This article maintains a balance between central and state judicial powers.

FAQs

Article 247 allows Parliament to create additional courts to ensure better administration of laws. This provision aids in managing legal matters more effectively and helps reduce delays in justice. For instance, specialized courts can be established for commercial disputes, making the legal process quicker and more efficient for involved parties.

This is particularly relevant in areas experiencing high litigation rates or complex legal issues. Also, it allows for specialized courts to handle specific types of cases, such as those involving commercial disputes or family matters, providing more efficient legal processes. While Article 247 gives Parliament this power, it does not interfere with state judicial systems.

States have their own authority to establish courts under their jurisdiction. However, in matters of national importance, this article allows the central government to step in and ensure that adequate judicial resources are available. This provision reflects a balance between federal authority and state rights, aiming to enhance the overall judicial framework in the country.

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