Actual Article
Article 135: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.
UPSC Notes for Article 135
Explanation:
- Continuation of Federal Court Jurisdiction:
- The Supreme Court inherits the jurisdiction and powers of the Federal Court in matters not covered by Articles 133 or 134.
- This provision remains effective until Parliament enacts legislation to alter this jurisdiction.
- Federal Court’s Role:
- The Federal Court was the highest court in British India before the establishment of the Supreme Court.
- The Supreme Court continues to exercise the Federal Court’s jurisdiction and powers in relevant matters until Parliament decides otherwise.
Key Points:
- Historical Continuity: Ensures a seamless transition from the judicial system under British rule to the independent Indian judiciary.
- Comprehensive Jurisdiction: Allows the Supreme Court to address a broader range of issues by inheriting the Federal Court’s powers.
- Legislative Authority: Parliament retains the authority to modify the Supreme Court’s jurisdiction, ensuring flexibility to adapt to changing legal needs.
Important Cases and Commissions Related to Article 135
Cases:
- In Re: Special Courts Bill (1978): The Supreme Court discussed its inherited jurisdiction and powers, emphasizing its comprehensive authority under the Constitution.
- L. Chandra Kumar vs. Union of India (1997): Highlighted the Supreme Court’s role in judicial review and its inherited powers from the Federal Court.
Commissions:
- Law Commission of India: Various reports have examined the jurisdiction of the Supreme Court and recommended reforms to streamline its functions.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested measures to enhance the efficiency and effectiveness of the Supreme Court, including its inherited jurisdiction.
Previous Year Prelims Questions Related to Article 135
- (UPSC Prelims 2018) Which Article of the Indian Constitution provides that the Supreme Court shall exercise the jurisdiction and powers of the Federal Court under existing law until Parliament provides otherwise?
- A. Article 132
- B. Article 133
- C. Article 134
- D. Article 135 Correct Answer: D. Article 135
- (UPSC Prelims 2019) The jurisdiction and powers of the Federal Court under existing law are exercisable by the Supreme Court until Parliament provides otherwise as per:
- A. Article 124
- B. Article 135
- C. Article 136
- D. Article 137 Correct Answer: B. Article 135
Previous Year Mains Questions Related to Article 135
- Mains 2016: “Discuss the significance of Article 135 in the context of the Supreme Court’s inherited jurisdiction and powers. How does this article ensure continuity in the Indian judicial system?”
- Mains 2019: “Analyze the role of Parliament in modifying the jurisdiction of the Supreme Court under Article 135. How does this provision balance judicial continuity and legislative flexibility?”
Additional Insights:
- Judicial Continuity: Article 135 ensures that the Supreme Court can continue to exercise the jurisdiction and powers of the Federal Court, maintaining judicial continuity during the transition to independence.
- Legislative Flexibility: By allowing Parliament to modify the Supreme Court’s jurisdiction, the article provides flexibility to adapt the judiciary’s role to evolving legal and societal needs.
- Comprehensive Authority: The Supreme Court’s inherited jurisdiction ensures it can address a wide range of legal matters, reinforcing its role as the highest judicial authority in India.
Understanding Article 135 is crucial for UPSC aspirants as it outlines the Supreme Court’s jurisdiction and powers inherited from the Federal Court, ensuring judicial continuity and comprehensive authority. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that govern the appellate process and the role of the judiciary in upholding justice in India.