Actual Article
Article 144: Civil and judicial authorities to act in aid of the Supreme Court
All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
UPSC Notes for Article 144
Explanation:
- Aid to the Supreme Court:
- All civil and judicial authorities within India are required to assist and cooperate with the Supreme Court.
- This ensures the effective enforcement of the Supreme Court’s decisions and the smooth functioning of the judiciary.
Key Points:
- Judicial Primacy: Reinforces the authority of the Supreme Court as the highest judicial body in India.
- Inter-Authority Cooperation: Ensures that various civil and judicial authorities support the Supreme Court in the enforcement of its orders and judgments.
- Effective Functioning: Promotes the smooth functioning of the judicial system by mandating cooperation from all relevant authorities.
Important Cases and Commissions Related to Article 144
Cases:
- Sahara India Real Estate Corp. Ltd. vs. Securities and Exchange Board of India (2012): The Supreme Court emphasized the obligation of all authorities to aid in the implementation of its decisions, reinforcing the importance of Article 144.
- Supreme Court Bar Association vs. Union of India (1998): Highlighted the necessity for all authorities to act in support of the Supreme Court’s directives to ensure justice and uphold the rule of law.
Commissions:
- Law Commission of India: Reports have highlighted the significance of Article 144 in ensuring the effective enforcement of Supreme Court orders and promoting judicial efficiency.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to enhance cooperation between the judiciary and other authorities to ensure the effective functioning of the judicial system.
Previous Year Prelims Questions Related to Article 144
- (UPSC Prelims 2016) Which Article of the Indian Constitution mandates all civil and judicial authorities to act in aid of the Supreme Court?
- A. Article 141
- B. Article 142
- C. Article 143
- D. Article 144 Correct Answer: D. Article 144
- (UPSC Prelims 2018) Under Article 144, civil and judicial authorities are required to:
- A. Follow their own discretion
- B. Act in aid of the Supreme Court
- C. Report directly to the President
- D. Seek permission from the Parliament Correct Answer: B. Act in aid of the Supreme Court
Previous Year Mains Questions Related to Article 144
- Mains 2016: “Discuss the significance of Article 144 in the context of judicial enforcement and cooperation. How does this article enhance the authority of the Supreme Court?”
- Mains 2019: “Analyze the role of Article 144 in ensuring the effective functioning of the judicial system in India. How does this provision promote cooperation between civil and judicial authorities?”
Additional Insights:
- Reinforcing Judicial Authority: Article 144 ensures that the Supreme Court’s authority is respected and its decisions are effectively implemented across all levels of government and judiciary.
- Smooth Functioning of Judiciary: By mandating cooperation from civil and judicial authorities, the article ensures the smooth and efficient functioning of the judicial system.
- Rule of Law: Promotes the rule of law by ensuring that the highest judicial authority’s decisions are supported and enforced by all relevant authorities.
Understanding Article 144 is crucial for UPSC aspirants as it outlines the mandate for all civil and judicial authorities to act in aid of the Supreme Court, ensuring the effective enforcement of its orders and the smooth functioning of the judicial system. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support judicial authority and the rule of law in India.