Part V: The Union

The Union Judiciary

Article 139A: Transfer of certain cases

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Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.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

Explanations

Article 139A of the Indian Constitution was introduced to provide the Supreme Court with the authority to withdraw or transfer cases involving similar or identical legal questions from High Courts to itself or between High Courts. This provision, added through the Forty-second Amendment Act of 1976, was later refined by the Forty-fourth Amendment Act of 1978 to ensure a more balanced approach to the judiciary's functioning. The article plays a crucial role in promoting consistency and efficiency in resolving cases of national or public importance, safeguarding uniformity in the judicial interpretation of laws.

Clause-by-Clause Explanation

Clause (1): Supreme Court's Power to Withdraw Cases from High Courts

Under Article 139A(1), the Supreme Court can withdraw cases from one or more High Courts if the cases involve identical or substantially similar questions of law that are pending before itself and the High Courts, or between multiple High Courts. This provision helps prevent conflicting interpretations of the law by different courts and ensures that substantial legal questions of national importance are addressed uniformly.

Proviso

The proviso attached to this clause grants the Supreme Court the discretion to return a withdrawn case back to the High Court, after settling the legal questions, for further disposal. This ensures that while the Supreme Court resolves the critical legal issues, the High Court can focus on the procedural or factual matters remaining in the case.

Real-life Example:

In the Ayodhya Land Dispute Case, multiple legal issues were pending before various High Courts. The Supreme Court, using its powers under Article 139A, withdrew all related cases to itself, as the legal questions involved had significant national importance. This step ensured consistency in the judicial approach and prevented divergent rulings on the same matter.

Clause (2): Transfer of Cases from One High Court to Another

Article 139A(2) allows the Supreme Court to transfer any case, appeal, or proceeding from one High Court to another if necessary for justice. This power is vital in situations where impartiality may be questioned, or where logistical or legal reasons justify the transfer. The provision reflects the Supreme Court's role in overseeing the fairness and efficiency of judicial proceedings across the country.

Historical Significance

This clause holds significance in India's judicial system as it promotes judicial fairness and prevents regional bias. By allowing the transfer of cases from one High Court to another, the Supreme Court safeguards the fundamental right to a fair trial, especially in sensitive or politically charged cases.

Amendments and Historical Significance

The Constitution (Forty-second Amendment) Act, 1976: This provision was first introduced through this amendment, allowing the Supreme Court to withdraw cases involving substantial questions of law.

The Constitution (Forty-fourth Amendment) Act, 1978: The amendment refined the scope of clause (1) by permitting the Supreme Court to return the case to the High Court after determining the questions of law, along with a copy of its judgment. The High Court is required to follow the Supreme Court's legal interpretation when resolving the case.

References

• Constitution (Forty-second Amendment) Act, 1976
• Constitution (Forty-fourth Amendment) Act, 1978
• National Judicial Appointments Commission (NJAC) Case
• Ayodhya Land Dispute Case

Legislative History

Article 139A was part of a larger judicial overhaul initiated by the Forty-second Amendment Act, 1976, which centralized judicial power in the Supreme Court. However, concerns over excessive centralization led to the Forty-fourth Amendment Act, 1978, which restored some balance by refining the article’s application and reinforcing the High Courts' role. These amendments underscore the evolution of India's judicial system towards a more balanced and decentralized structure.

Debates and Amendments

During the Constituent Assembly discussions, Dr. B. R. Ambedkar and other members debated the need to empower the Supreme Court to ensure uniformity in the interpretation of significant legal questions. Amendments during the Forty-fourth Amendment Act, 1978, aimed to strike a balance between the Supreme Court’s centralized power and the role of High Courts in resolving specific matters.