Exploring Articles 137-140 of the Indian Constitution

Exploring Articles 137-140 of the Indian Constitution: A Discussion on Judicial Review and the Powers of the Supreme Court

Introduction:

The Indian Constitution is renowned for its robust framework that ensures a separation of powers among the three branches of government. Articles 137 to 140 of the Constitution specifically deal with the powers and jurisdiction of the Supreme Court of India. In this article, we delve into a discussion on these articles, with a focus on judicial review and the pivotal role played by the Supreme Court. Additionally, we examine relevant case laws that have shaped the interpretation and application of these constitutional provisions.

Article 137: Review of Supreme Court Decisions:

Article 137 grants the Supreme Court the power to review its own judgments or orders. It empowers the Court to entertain petitions seeking a review on any matter within 30 days from the date of the judgment or order. The objective of this provision is to rectify errors or inconsistencies that may have occurred in the Court's earlier decision. However, it is important to note that a review is not an appeal; it is only available on limited grounds such as discovery of new evidence or errors apparent on the face of the record.

Case Law: In the case of Sow Chandra Kanta v. Sheikh Habibur Rahaman (2006), the Supreme Court reiterated that a review petition must be based on specific grounds and cannot be treated as an appeal in disguise. The Court held that a mere disagreement with the earlier judgment would not be a valid ground for review.

Article 138: Enlargement of the Supreme Court's Jurisdiction:

Article 138 empowers the Parliament to extend the jurisdiction of the Supreme Court by enacting legislation. This provision allows the Court to take up cases that were initially outside its purview, thus ensuring the Supreme Court's flexibility to adapt to evolving legal and societal needs.

Case Law: In the landmark judgment of Union Carbide Corporation v. Union of India (1991), the Supreme Court invoked Article 138 to enlarge its jurisdiction and entertain cases related to the Bhopal gas tragedy. The Court expanded its authority to provide justice to the victims and held the multinational corporation accountable for the disaster.

Article 139: Transfer of Cases:

Article 139 enables the Supreme Court to transfer cases from one High Court to another or from a lower court to the Supreme Court to secure the interests of justice. This provision is exercised when there are concerns about a fair trial, undue delay, or significant legal questions of national importance.

Case Law: In the case of Zahira Habibullah Sheikh v. State of Gujarat (2004), the Supreme Court invoked Article 139A and transferred the Best Bakery case from Gujarat to Maharashtra to ensure a fair trial. The Court emphasized that fair trial and justice should not be compromised, and the transfer was necessary due to the communal tension and witness intimidation in the original jurisdiction.

Article 140: Ancillary Powers of the Supreme Court:

Article 140 empowers the Supreme Court to make rules regulating its own procedure. The Court has the authority to lay down guidelines, directions, and regulations to streamline its functioning and facilitate the administration of justice.

Case Law: In the case of Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court, exercising its powers under Article 140, framed the National Judicial Appointments Commission (NJAC) Act, which sought to amend the procedure for the appointment of judges to the higher judiciary. However, in a subsequent judgment, the Supreme Court struck down the NJAC Act as unconstitutional, reaffirming its authority over matters of judicial appointments.

Conclusion:

Articles 137 to 140 of the Indian Constitution grant the Supreme Court of India wide-ranging powers and jurisdiction to uphold the principles of justice and protect the rights of citizens. Through judicial review and the exercise of ancillary powers, the Supreme Court plays a crucial role in safeguarding the constitutional values and maintaining the balance of power within the Indian democracy.

The discussion on Articles 137 to 140 highlights the dynamic nature of the Indian judiciary, which adapts to the changing needs of society while upholding the principles of justice. The case laws mentioned above provide a glimpse into the practical application of these constitutional provisions and showcase the Court's ability to interpret and shape the law.

It is important to recognize that the powers of the Supreme Court, as outlined in these articles, come with great responsibility. The Court's decisions have far-reaching implications on the lives of citizens and the functioning of the government. Hence, it becomes imperative for the Court to exercise its powers judiciously, keeping in mind the constitutional principles of fairness, equality, and justice.

Furthermore, these provisions also underscore the significance of an independent judiciary in a democratic society. The Supreme Court acts as a check on the other branches of government, ensuring that they do not exceed their constitutional authority. By providing a platform for citizens to seek justice and protecting their fundamental rights, the Court acts as a guardian of the Constitution.

In conclusion, Articles 137 to 140 of the Indian Constitution grant the Supreme Court extensive powers, including the ability to review its own decisions, expand its jurisdiction, transfer cases, and exercise ancillary powers. Through landmark judgments and consistent interpretation, the Court has established itself as the final arbiter of justice in the country. As India continues to evolve, these provisions will play a crucial role in shaping the future of its legal system, upholding the rule of law, and ensuring justice for all.