ARTICLE 139, 139A, 140 CONSTITUTION OF INDIA 1949

What is Conferment on the Supreme Court of powers to issue certain writs? What is Transfer of certain cases? What is Ancillary powers of Supreme Court? Article 139, 139A and 140 of Constitution of India, 1949

Conferment on the Supreme Court of powers to issue certain writs, Transfer of certain cases and Ancillary powers of Supreme Court are defined under Article 139, 139A and 140 of Constitution of India 1949. Provisions under these Article are:

 

 

Article 139 of Constitution of India "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.

 

Article 139A of Constitution of India "Transfer of certain cases"

(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 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Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.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.

Article 140 of Constitution of India "Ancillary powers of Supreme Court"

Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.

 

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