Article 140 of the Costitution of India with Case law
Here is a detailed explanation of Article 140 of the Constitution of India, along with relevant case law:
📜 Article 140 – Constitution of India
"Supplementary powers of the Supreme Court"
✅ Text of Article 140:
"Parliament may by law confer on the Supreme Court such supplementary 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."
🧾 Key Features of Article 140:
Empowering provision:
Article 140 empowers Parliament to confer additional (supplementary) powers on the Supreme Court, provided:
These powers are not inconsistent with any existing provisions of the Constitution.
They help the Court exercise its jurisdiction more effectively.
No automatic powers:
It does not grant powers directly to the Supreme Court, but allows Parliament to do so by law.
Objective:
The intent is to strengthen the effectiveness of the Supreme Court in discharging its constitutional duties.
⚖️ Relevant Case Laws on Article 140:
1. In Re: The Special Courts Bill, 1978
Citation: AIR 1979 SC 478
Facts: Presidential reference under Article 143 to determine the constitutional validity of a proposed Special Courts Bill.
Relevance to Article 140:
The Court held that Parliament has the power to confer supplementary powers on the Supreme Court under Article 140, as long as it does not violate basic structure or other constitutional provisions.
Significance: Clarified the limits and potential of Article 140.
2. A.R. Antulay v. R.S. Nayak
Citation: (1988) 2 SCC 602
Context: Whether directions issued by the Supreme Court under Article 142 violated fundamental rights.
Relevance:
Though primarily dealing with Article 142, it highlighted that any additional power given under Article 140 must not conflict with fundamental rights or constitutional principles.
3. Union of India v. Sankalchand Himmatlal Sheth
Citation: (1977) 4 SCC 193
Issue: Transfer of High Court Judges.
Observation:
The Court mentioned that the efficient functioning of judiciary is aided by provisions like Article 140, which allow Parliament to help the SC function more effectively.
4. S.P. Gupta v. Union of India
Citation: AIR 1982 SC 149
Though not directly about Article 140, the Court emphasized the importance of judicial powers being complemented by Parliament, wherever necessary, to ensure independence and efficiency—which Article 140 enables.
🧠 Summary Table:
| Feature | Details |
|---|---|
| Purpose | To enhance the effectiveness of SC’s jurisdiction |
| Authority to enact | Parliament (by law) |
| Condition | Supplementary powers must be consistent with the Constitution |
| Nature | Enabling provision, not self-executing |
| Judicial Review | Parliament’s laws under Article 140 are subject to constitutional limits |
🏛️ Related Example:
If Parliament were to create a law under Article 140, such as conferring powers on the Supreme Court to monitor certain types of trials or set up special benches, that would be valid as long as it doesn't conflict with other constitutional provisions.
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