Article 144 of the Costitution of India with Case law
🇮🇳 Article 144 of the Constitution of India
Subject: Civil and judicial authorities to act in aid of the Supreme Court
🔹 Bare Text of Article 144:
“All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.”
🔍 Explanation:
This article mandates all civil and judicial authorities (including government officials, police, lower courts, tribunals, etc.) to assist and obey the orders, directions, and judgments of the Supreme Court.
It ensures that the authority of the Supreme Court is upheld and enforced throughout India.
This provision forms part of the basic structure of judicial supremacy and rule of law.
🧑⚖️ Important Case Laws on Article 144:
🔸 1. Mohd. Shahabuddin v. State of Bihar, (2010) 4 SCC 653
Facts: Shahabuddin challenged the transfer of his trial from Bihar to Delhi.
Held: The Court emphasized that all authorities are constitutionally bound under Article 144 to aid the Supreme Court in the effective conduct of justice.
Significance: Reinforced the enforceability of SC orders across states and jurisdictions.
🔸 2. S.P. Gupta v. Union of India, (1981) Supp SCC 87
Observation: Article 144 requires not just compliance with orders but cooperation by all authorities to ensure that the Supreme Court can exercise its jurisdiction effectively.
🔸 3. A.R. Antulay v. R.S. Nayak, (1988) 2 SCC 602
Facts: Antulay challenged his trial based on an earlier SC direction.
Held: Even if a direction by the Supreme Court is later found to be legally incorrect, all authorities are bound to follow it until it is recalled or overturned.
This illustrates binding nature of SC orders under Article 144.
🔸 4. Common Cause v. Union of India, (1999) 6 SCC 667
Held: Any non-compliance with Supreme Court directions by any authority — whether executive, administrative, or judicial — is a breach of Article 144 and can attract contempt proceedings.
🔸 5. Vineet Narain v. Union of India, (1998) 1 SCC 226
Famous “Jain Hawala case”.
Held: Supreme Court issued continuous mandamus to CBI and other agencies.
Under Article 144, those agencies were bound to follow the Court’s directions, including in investigation and prosecution.
📘 Conclusion:
Article 144 ensures the binding force and executability of the Supreme Court’s decisions.
It acts as a constitutional mandate to uphold the integrity, authority, and independence of the highest court.
Violation of Article 144 could amount to contempt of court under Article 129.
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