Actual Article
Article 138: Enlargement of the jurisdiction of the Supreme Court
- Enlargement of Jurisdiction by Law:
- The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
- Agreement with States:
- The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.
UPSC Notes for Article 138
Explanation:
- Enlargement of Jurisdiction by Law:
- Parliament has the authority to expand the jurisdiction and powers of the Supreme Court regarding matters listed in the Union List.
- This provision allows for flexibility and adaptability in the judicial system to address emerging legal needs.
- Agreement with States:
- The Supreme Court’s jurisdiction can be further expanded through agreements between the Government of India and the governments of individual states.
- Such expansions require a law passed by Parliament to be effective.
- This provision ensures that both central and state governments can cooperate to enhance the Supreme Court’s jurisdiction as needed.
Key Points:
- Flexibility: Article 138 provides a mechanism to expand the Supreme Court’s jurisdiction to address new and complex legal issues that may arise.
- Parliamentary Authority: Ensures that any expansion of the Supreme Court’s jurisdiction is subject to parliamentary approval, maintaining a democratic process.
- Central-State Cooperation: Facilitates collaboration between the central and state governments to address specific legal needs and challenges.
Important Cases and Commissions Related to Article 138
Cases:
- State of Karnataka vs. Union of India (1977): Emphasized the role of Parliament in defining the jurisdiction of the Supreme Court.
- Union of India vs. Sankalchand Himmatlal Sheth (1977): Discussed the flexibility of the Supreme Court’s jurisdiction and the role of legislative action in expanding it.
Commissions:
- Law Commission of India: Various reports have highlighted the need for expanding the Supreme Court’s jurisdiction to address evolving legal challenges and recommended legislative measures.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to enhance the Supreme Court’s capacity to address a broader range of legal issues, including those requiring specialized jurisdiction.
Previous Year Prelims Questions Related to Article 138
- (UPSC Prelims 2016) Under Article 138, the Supreme Court’s jurisdiction can be expanded by:
- A. The President
- B. The Chief Justice of India
- C. Parliament by law
- D. The Attorney General Correct Answer: C. Parliament by law
- (UPSC Prelims 2018) Which Article of the Indian Constitution allows for the enlargement of the Supreme Court’s jurisdiction with respect to matters in the Union List?
- A. Article 132
- B. Article 136
- C. Article 138
- D. Article 140 Correct Answer: C. Article 138
Previous Year Mains Questions Related to Article 138
- Mains 2016: “Discuss the significance of Article 138 in the context of the Supreme Court’s jurisdiction. How does this provision ensure the adaptability of the judicial system to emerging legal challenges?”
- Mains 2019: “Analyze the role of Parliament and the state governments in expanding the jurisdiction of the Supreme Court under Article 138. How does this provision facilitate central-state cooperation in the judicial domain?”
Additional Insights:
- Adapting to Change: Article 138 ensures that the Supreme Court’s jurisdiction can be expanded to meet new legal challenges, reflecting the dynamic nature of the law.
- Legislative Oversight: By requiring parliamentary approval for any expansion of jurisdiction, the article ensures that such changes are made through a transparent and democratic process.
- Enhancing Judicial Capacity: The ability to enlarge the Supreme Court’s jurisdiction enhances its capacity to address a broader range of legal issues, ensuring comprehensive judicial oversight.
Understanding Article 138 is crucial for UPSC aspirants as it outlines the provisions for expanding the Supreme Court’s jurisdiction, ensuring the flexibility and adaptability of the judicial system to meet evolving legal needs. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the effective administration of justice in India.