Actual Article
Article 139: Conferment on the Supreme Court of powers to issue certain writs
Parliament may by law confer on the Supreme Court power to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of Article 32.
UPSC Notes for Article 139
Explanation:
- Conferment of Writ Powers:
- Parliament has the authority to pass laws that confer additional powers on the Supreme Court to issue directions, orders, or writs.
- These writs can be similar to those mentioned in Article 32 (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) but for purposes other than the enforcement of fundamental rights.
Key Points:
- Enhanced Judicial Powers: Allows Parliament to extend the Supreme Court’s powers to issue writs beyond the scope of fundamental rights enforcement, enhancing judicial remedies.
- Legislative Flexibility: Provides Parliament with the flexibility to empower the Supreme Court to address a broader range of legal issues through the issuance of writs.
- Complementing Article 32: While Article 32 focuses on the enforcement of fundamental rights, Article 139 enables the Supreme Court to issue writs for other significant legal purposes.
Important Cases and Commissions Related to Article 139
Cases:
- State of West Bengal vs. Committee for Protection of Democratic Rights (2010): Highlighted the Supreme Court’s extensive powers to issue writs and directions to ensure justice.
- A.R. Antulay vs. R.S. Nayak (1988): Demonstrated the Supreme Court’s use of its writ powers to ensure fair legal proceedings and justice.
Commissions:
- Law Commission of India: Various reports have suggested expanding the writ jurisdiction of the Supreme Court to address a broader range of legal issues effectively.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to enhance the Supreme Court’s capacity to issue writs and address significant legal challenges beyond fundamental rights enforcement.
Previous Year Prelims Questions Related to Article 139
- (UPSC Prelims 2017) Which Article of the Indian Constitution allows Parliament to confer powers on the Supreme Court to issue certain writs for purposes other than the enforcement of fundamental rights?
- A. Article 32
- B. Article 136
- C. Article 139
- D. Article 141 Correct Answer: C. Article 139
- (UPSC Prelims 2018) Under Article 139, the Supreme Court can issue writs for:
- A. Enforcement of fundamental rights only
- B. Any purposes other than those mentioned in Article 32(2)
- C. Criminal matters exclusively
- D. Administrative purposes only Correct Answer: B. Any purposes other than those mentioned in Article 32(2)
Previous Year Mains Questions Related to Article 139
- Mains 2016: “Discuss the significance of Article 139 in expanding the writ jurisdiction of the Supreme Court. How does this article enhance the judicial capacity of the Supreme Court to address legal issues beyond fundamental rights?”
- Mains 2019: “Analyze the role of Parliament in conferring additional writ powers on the Supreme Court under Article 139. How does this provision complement the writ jurisdiction under Article 32?”
Additional Insights:
- Broadening Judicial Remedies: Article 139 provides a mechanism for broadening the range of judicial remedies available through the Supreme Court, ensuring comprehensive legal redressal.
- Parliamentary Empowerment: By allowing Parliament to confer additional writ powers, the article ensures that the judicial system can adapt to new legal challenges and requirements.
- Complementary Framework: Article 139 works alongside Article 32 to create a robust framework for the issuance of writs, enhancing the Supreme Court’s ability to uphold justice across various legal domains.
Understanding Article 139 is crucial for UPSC aspirants as it outlines the provisions for conferring additional writ powers on the Supreme Court, ensuring the flexibility and adaptability of the judicial system to meet diverse 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.