Article 138 of Constitution of India – Enlargement of the jurisdiction of the Supreme Court
Article 138 of Constitution of India deals with Enlargement of the jurisdiction of the Supreme Court
Original Text of Article 138 of Constitution of India
(1) The 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.
Questions related to Article 138 of Constitution of India
Article 138 empowers the Parliament to expand the jurisdiction of the Supreme Court to include matters beyond what is originally mentioned in the Constitution of India, especially in civil and criminal cases.
Yes, under Article 138(1), Parliament may by law confer additional powers on the Supreme Court in civil or criminal matters, provided it does not conflict with the Articles of Indian Constitution.
Article 138(2) allows the Supreme Court’s jurisdiction to be extended to matters under international treaties or agreements, with the consent of the concerned states, as permitted by the Indian Constitution.
Yes, Parliament has from time to time passed laws like the Representation of the People Act and Customs Act, which expanded the Court’s jurisdiction. You can find relevant cases and statutes on Indian Kanoon.
You can refer to Indian Kanoon for judicial decisions and constitutional debates that explain how Article 138 has been used to enhance the powers of the Supreme Court under the Constitution of India.
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