Part V: The Union

The Union Judiciary

Article 140: Ancillary powers of Supreme Court

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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.

Explanations

Article 140 of the Constitution of India allows Parliament to provide the Supreme Court with additional powers necessary to execute its jurisdiction effectively. This provision ensures that the Court is equipped with all the tools required to discharge its constitutional responsibilities efficiently. By doing so, it strengthens the Court’s position as the highest judicial body while maintaining its operation within the constitutional framework.

Clause-by-Clause Explanation

1. Supplemental Powers by Law

Parliament holds the responsibility of augmenting the Supreme Court’s powers where it deems necessary. This augmentation must come through a legislative process, ensuring transparency and alignment with the democratic principles of law-making. Parliament's role under this article is crucial in ensuring the Court’s smooth functioning as new challenges and legal complexities arise.

2. Non-Contradiction with Constitutional Provisions

While Parliament is empowered to confer additional powers on the Supreme Court, it is essential that these powers do not violate or contradict the Constitution. This clause upholds the sanctity of constitutional provisions and ensures that the Court’s role remains within the defined parameters of constitutional law.

Amendments and Legislative History

Article 140, though untouched by amendments, has remained a significant provision in allowing the Supreme Court to adapt to evolving judicial needs. The Parliament has used this provision to pass laws that aid in the administration of justice, supplementing the Supreme Court's abilities without directly altering the Constitution.

Real-Life Examples

• One significant example of the application of this article is seen in the enactment of the Contempt of Courts Act, 1971, which supplements the Supreme Court's authority in maintaining its dignity by penalizing acts that disrespect or interfere with its functioning.
• The introduction of Tribunals under various laws, where the Supreme Court holds supervisory jurisdiction, demonstrates Parliament’s exercise of power under Article 140 to enhance judicial efficacy.
• A pertinent instance of Article 140's use is seen in laws related to election disputes, where the Supreme Court’s role was enhanced by additional legislation to adjudicate election-related matters.
• Furthermore, the National Judicial Appointments Commission (NJAC) was a notable attempt, though later struck down, to extend the powers of the Supreme Court in judicial appointments through legislation. This reflects Parliament’s engagement in enhancing judicial processes under Article 140.

Historical Significance

Article 140 carries historical importance as it embodies the foresight of the Constitution’s drafters. It allows Parliament to bridge gaps that may arise in judicial operations over time. The provision illustrates the dynamic relationship between the legislature and judiciary, ensuring that both can collaborate within constitutional boundaries to address legal and administrative challenges.

References

• Indira Gandhi vs. Raj Narain, 1975
• National Judicial Appointments Commission (NJAC) Act, 2014
• Contempt of Courts Act, 1971
• Supreme Court’s supervisory jurisdiction over Tribunals

Legislative History

Article 140 of the Indian Constitution, initially drafted and deliberated as article 116 of the Draft Constitution, was subsequently incorporated into the Indian Constitution on May 27, 1949.

Debates and Amendments

With no further amendments proposed or discussions held on Article 116, the Constituent Assembly accepted the article without any changes. Consequently, Article 116 was adopted and officially added to the Indian Constitution as Article 140.