Articles 139, 139A and 140 of the Constitution of India: Supreme Court Writs, Transfer of Cases and Ancillary Powers

Articles 139, 139A and 140 form part of the constitutional framework governing the jurisdiction and powers of the Supreme Court of India. They respectively deal with Parliament's power to confer additional writ jurisdiction on the Supreme Court, the Supreme Court's constitutional power to withdraw or transfer specified cases, and Parliament's power to confer supplemental powers needed for the effective exercise of the Court's jurisdiction.

Updated: 19 September 2026

On this pageArticle 139 Article 139A Article 140 Key differences Official resources

Article 139 - Conferment on the Supreme Court of powers to issue certain writs

Meaning: Article 139 authorises Parliament to enlarge the Supreme Court's writ jurisdiction by law. This is distinct from the Court's directly guaranteed jurisdiction under Article 32 for enforcement of Fundamental Rights.

Text of Article 139:
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.

What Article 139 covers

The provision identifies the familiar constitutional writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Its important feature is that the additional power contemplated by Article 139 is for purposes beyond those covered by Article 32(2), and must be conferred by Parliament through law.

Article 139A - Transfer of certain cases

Meaning: Article 139A gives the Supreme Court constitutional authority in defined circumstances to withdraw cases involving common substantial questions of law of general importance and to transfer proceedings from one High Court to another High Court.

Article 139A(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 by the Attorney General of India or a party to such a case, that the questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or High Courts and dispose of all the cases itself. After deciding the questions of law, it may return a withdrawn case to the High Court, which must dispose of it in conformity with the Supreme Court's judgment.

Article 139A(2): The Supreme Court may, if it considers it expedient for the ends of justice, transfer any case, appeal or other proceeding pending before one High Court to another High Court.

Practical scope of Article 139A

Article 139A(1) is aimed at coordinated determination of the same or substantially the same important questions of law arising in multiple constitutional courts. Article 139A(2) is a separate transfer power concerned with moving a case, appeal or other proceeding from one High Court to another when the Supreme Court considers transfer expedient for the ends of justice.

The Supreme Court's current case-category information separately identifies transfer petitions under Article 139A(1) and Article 139A(2). The Court also distinguishes statutory transfer routes, including civil transfer petitions under Section 25 of the Code of Civil Procedure, 1908 and criminal transfer petitions under the applicable criminal procedure law.

Important: Article 139A should not be treated as interchangeable with every statutory transfer provision. The legal basis for transfer depends on the court in which the proceeding is pending, the destination court, the nature of the proceeding and the statutory or constitutional conditions applicable to the case.

Article 140 - Ancillary powers of the Supreme Court

Meaning: Article 140 enables Parliament to provide the Supreme Court with supplemental powers that are consistent with the Constitution and are considered necessary or desirable to help the Court exercise its constitutional jurisdiction effectively.

Text of Article 140:
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.

The provision is enabling in nature. It does not itself create an unlimited new jurisdiction; rather, it permits Parliament to confer supplemental powers, subject to consistency with the Constitution and the objective stated in Article 140.

Difference between Articles 139, 139A and 140

Article 139 concerns additional writ powers that Parliament may confer on the Supreme Court. Article 139A itself provides constitutional powers relating to withdrawal and transfer of specified cases and proceedings. Article 140 allows Parliament to confer supplemental powers needed for the effective exercise of the Supreme Court's constitutional jurisdiction.

Official resources

Supreme Court of India - Jurisdiction explains the Court's constitutional jurisdiction, including Article 32 writ jurisdiction and transfer powers.

Supreme Court of India - Case Category identifies current categories for transfer petitions under Article 139A(1) and Article 139A(2), as well as statutory civil and criminal transfer petitions.