Part V: The Union

The Union Judiciary

Article 144: Civil and judicial authorities to act in aid of the Supreme Court

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All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

Explanations

Article 144 of the Constitution of India underscores the supremacy of the Supreme Court, ensuring that all civil and judicial authorities within the territory of India assist and cooperate with the highest court in executing its powers and mandates. This article reflects the central role of the judiciary in maintaining the rule of law and ensures that the Supreme Court’s orders are enforceable throughout the country, affirming its position as the apex judicial authority.

Clause-by-Clause Explanation

1. Civil and Judicial Authorities

Article 144 mandates that all authorities, both civil and judicial, must act in aid of the Supreme Court. The term "civil authorities" refers to administrative and executive bodies, while "judicial authorities" include lower courts and tribunals. Together, these institutions are required to assist the Supreme Court in carrying out its constitutional role.

2. Aid and Cooperation

The article ensures that the Supreme Court’s decisions are fully respected and implemented by other authorities. This encompasses the enforcement of judicial orders, adherence to legal principles, and maintaining the integrity of the judicial process. By binding all authorities to cooperate with the Supreme Court, the article strengthens the rule of law in the country.

Amendments

There have been no specific amendments to Article 144. However, judicial interpretations over time have reinforced its importance in ensuring compliance with the Supreme Court’s directives.

Real-Life Examples

• In the Karnataka Assembly Case (1999), the Supreme Court issued orders to the Governor of Karnataka. The civil authority (Governor) was required to assist and cooperate fully with the Court to ensure the implementation of its decisions. This case highlighted how civil authorities, regardless of their executive power, must act in aid of the judiciary, reinforcing the principle enshrined in Article 144.
• The S. R. Bommai Case (1994) serves as a strong example of Article 144 in action. In this case, the Supreme Court's ruling required various state and civil authorities to cooperate in reinstating constitutional governance after the imposition of President’s Rule in certain states. The judgment was followed without any obstruction, demonstrating the significance of cooperation as mandated by Article 144.

Historical Significance

Article 144 was introduced to establish a robust mechanism for ensuring that the orders of the Supreme Court are respected and executed across India. The framers of the Constitution envisioned a strong and independent judiciary, free from external influence, and this article reflects that vision. The historical significance lies in its role in preserving the rule of law by preventing executive overreach and ensuring judicial supremacy.

References

• Supreme Court of India v. Subhash Chandra Agarwal (2019)
• Karnataka Assembly Case (1999)
• S. R. Bommai Case (1994)
• Constitution of India, Article 144

Legislative History

Article 144 of the Indian Constitution, initially drafted and discussed as Article 120 of the Draft Constitution, was formally incorporated into the Constitution of India on May 27, 1949.

Debates and Amendments

No amendments were introduced, and there were no discussions about this article during the session. Therefore, the Constituent Assembly accepted it as is.