Actual Article
Article 247: Power of Parliament to provide for the establishment of certain additional courts
Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.
UPSC Notes for Article 247
Explanation:
- Parliament’s Power: Article 247 empowers Parliament to establish additional courts to ensure the effective administration of laws made by Parliament or existing laws concerning matters listed in the Union List.
- Better Administration: This provision ensures that the judiciary can adequately handle cases arising from Union laws, preventing backlogs and ensuring timely justice.
Key Points:
- Judicial Efficiency: Establishing additional courts helps manage the caseload, enhancing the efficiency and effectiveness of the judicial system.
- Focused Jurisdiction: These additional courts can specialize in specific areas covered by Union laws, ensuring expertise and consistency in judicial decisions.
Important Cases and Commissions Related to Article 247
Cases:
- No specific landmark cases directly interpreting Article 247, as this article deals primarily with administrative provisions for establishing additional courts.
Commissions:
- Law Commission of India: May have recommended the establishment of specialized courts or tribunals to handle specific types of cases more effectively, ensuring better administration of justice.
Important Reports Related to Article 247:
- Administrative Reforms Commission: Could have explored the need for additional courts to handle the increasing caseload and suggested measures to improve judicial administration.
Previous Year Prelims Questions Related to Article 247
- (UPSC Prelims 2016) Who has the power to establish additional courts for the better administration of laws made by Parliament?
- A. The President of India
- B. The Chief Justice of India
- C. The Parliament of India
- D. The Prime Minister of India Correct Answer: C. The Parliament of India
- (UPSC Prelims 2018) For what purpose can Parliament establish additional courts according to Article 247?
- A. For the administration of state laws
- B. For the administration of laws made by Parliament
- C. For the administration of international laws
- D. For the administration of customary laws Correct Answer: B. For the administration of laws made by Parliament
Previous Year Mains Questions Related to Article 247
- Mains 2016: “Discuss the significance of Article 247 in the context of judicial administration in India. How does it help in managing the caseload of courts?”
- Mains 2019: “Evaluate the role of Article 247 in ensuring the effective administration of Union laws. What are the benefits and challenges of establishing additional courts under this provision?”
Additional Insights:
- Specialized Courts: The provision allows for the creation of specialized courts, such as those dealing with tax, corporate, or environmental laws, ensuring that cases are handled by judges with specific expertise.
- Reducing Backlogs: By establishing additional courts, Parliament can help reduce the backlog of cases, ensuring timely justice and improving the overall efficiency of the judiciary.
Understanding Article 247 is crucial for UPSC aspirants as it highlights the mechanisms available to Parliament to enhance judicial administration, emphasizing the importance of specialized and additional courts in managing the caseload. This knowledge is essential for both preliminary and main examinations, providing insights into the legislative and administrative provisions that support an efficient judicial system.