Article 139A: Transfer of Certain Cases
3 Pages Posted: 4 Feb 2020
Date Written: January 11, 2020
Article 139A was introduced as part of the scheme of the 42nd Constitutional Amendment. That Amendment proposed to invest the Supreme Court with exclusive jurisdiction to determine the constitutional validity of central laws. Article 139A enabled the litigants to approach the Apex Court for transfer of proceedings if the conditions envisaged in that Article were satisfied. It was not intended, nor did it operate, to whittle down the existing wide powers under Articles 136 and 142 of the Constitution. To the extent power of withdrawal and transfer of cases to the Apex Court is, in the opinion of the Court, necessary for the purpose of effectuating the high purpose of Articles 136 and 142(1), it must be held not to exhaust the power of withdrawal and transfer. Article 139A(2) empowers the Supreme Court to transfer any case pending before any High Court to any other High Court.
Keywords: Power of Supreme Court to Transfer cases
JEL Classification: K10, K23
Suggested Citation: Suggested Citation