Constitution of India · Section Article 139
Conferment on the Supreme Court of powers to issue certain writs
Article 139 — Conferment on the Supreme Court of powers to issue certain writs
- Conferment on the Supreme Court of powers to issue certain writs.—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, or any of them, for any purposes other than those mentioned in clause (2) of article 32. 139A. Transfer of certain cases.—2[(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself: Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.] (2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]
Plain English Summary
This article gives the Supreme Court the power to issue specific legal orders called writs (like a court order). Parliament can decide which types of writs the Supreme Court can issue for specific purposes. It also allows the Supreme Court to manage cases by transferring them between High Courts if it deems it necessary for justice.
Key Points
- Parliament decides which writs the Supreme Court can issue and for what reasons.
- The Supreme Court can withdraw or transfer cases pending in High Courts if it believes it is necessary for the ends of justice.
- If a case is withdrawn, the Supreme Court must return the case and its judgment to the High Court so that the High Court can decide it according to that judgment.
Why It Matters
This article ensures that the highest court has flexibility in managing cases involving important legal questions across different courts, ensuring that justice is served efficiently.
Landmark Judgements
No major landmark judgements.