Actual Article
Article 140: Ancillary powers of Supreme Court
Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.
UPSC Notes for Article 140
Explanation:
- Ancillary Powers:
- Parliament has the authority to provide the Supreme Court with additional powers that are supplemental and not inconsistent with the Constitution.
- These powers are intended to enhance the Supreme Court’s ability to effectively exercise its jurisdiction.
Key Points:
- Enhanced Jurisdiction: Allows Parliament to empower the Supreme Court with additional powers to ensure it can effectively fulfill its constitutional role.
- Flexibility: Provides a mechanism to adapt the Supreme Court’s powers to meet evolving legal needs and challenges.
- Parliamentary Oversight: Ensures that any supplemental powers conferred are through legislative action, maintaining a balance between judicial independence and legislative oversight.
Important Cases and Commissions Related to Article 140
Cases:
- Supreme Court Advocates-on-Record Association vs. Union of India (1993): This case highlighted the scope of the Supreme Court’s powers and the potential for expansion through legislative action.
- Keshavananda Bharati vs. State of Kerala (1973): Although primarily about the basic structure doctrine, this case also underscored the importance of the Supreme Court’s role in the constitutional framework, which can be supported through ancillary powers.
Commissions:
- Law Commission of India: Various reports have recommended conferring additional powers on the Supreme Court to address specific legal needs and improve judicial efficiency.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested enhancements to the Supreme Court’s powers to ensure it can effectively address contemporary legal challenges.
Previous Year Prelims Questions Related to Article 140
- (UPSC Prelims 2017) Under Article 140, Parliament can confer supplemental powers on the Supreme Court to:
- A. Override constitutional provisions
- B. Enhance the Court’s jurisdiction effectively
- C. Change the fundamental rights
- D. Appoint judges to the Supreme Court Correct Answer: B. Enhance the Court’s jurisdiction effectively
- (UPSC Prelims 2019) Which Article of the Indian Constitution allows Parliament to make provisions for conferring supplemental powers on the Supreme Court?
- A. Article 136
- B. Article 139
- C. Article 140
- D. Article 142 Correct Answer: C. Article 140
Previous Year Mains Questions Related to Article 140
- Mains 2016: “Discuss the significance of Article 140 in the context of the Supreme Court’s ancillary powers. How does this provision ensure that the Supreme Court can effectively exercise its jurisdiction?”
- Mains 2019: “Analyze the role of Parliament in conferring supplemental powers on the Supreme Court under Article 140. How does this provision enhance the flexibility and effectiveness of the judiciary?”
Additional Insights:
- Judicial Efficiency: Article 140 ensures that the Supreme Court has the necessary tools to address legal issues effectively, promoting judicial efficiency.
- Adapting to Change: By allowing Parliament to confer additional powers, the article ensures that the Supreme Court can adapt to new legal challenges and evolving societal needs.
- Balanced Governance: The requirement for parliamentary legislation to confer additional powers maintains a balance between judicial independence and legislative oversight, ensuring that the judiciary remains robust yet accountable.
Understanding Article 140 is crucial for UPSC aspirants as it outlines the provisions for conferring supplemental 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.