Enlargement of the jurisdiction of the Supreme Court
Article 138 — Enlargement of the jurisdiction of the Supreme Court
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 for the exercise of such jurisdiction and powers by the Supreme Court.
Plain English Summary
This article gives the Supreme Court the power to handle certain subjects (matters listed in the Union List) if Parliament decides to grant it that authority through a law. It also allows the Supreme Court to take on specific powers agreed upon by the Central Government and a State Government, provided Parliament allows it.
Key Points
- The Supreme Court's jurisdiction can be expanded over subjects listed in the Union List if Parliament legislates for it.
- The Court can gain further powers based on special agreements between the Central and State Governments, subject to parliamentary law.
- This mechanism ensures that the Supreme Court can handle complex issues arising from central and state relations.
Why It Matters
This provision allows the Supreme Court to play a more active role in resolving disputes or handling subjects where both the Union and State governments have an interest, enhancing its judicial reach.
Landmark Judgements
No major landmark judgements.