Article 247 of the Costitution of India with Case law
Here is a detailed explanation of Article 247 of the Constitution of India, along with relevant case law:
🇮🇳 Article 247 – Power of Parliament to Provide for the Establishment of Certain Additional Courts
🔹 Text of Article 247:
“Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.”
🔍 Explanation:
✅ Key Features of Article 247:
| Feature | Description |
|---|---|
| Purpose | To allow Parliament to establish additional courts |
| Scope | Applies to Union List matters (List I of the Seventh Schedule) |
| Override clause | Begins with “Notwithstanding”, giving it an overriding effect |
| Nature | Enabling provision, not mandatory |
| Beneficiaries | Used to establish courts like Special CBI Courts, NIA Courts, etc. |
⚖️ Relevant Case Laws on Article 247:
🔹 Union of India v. Madras Bar Association (2010)
Citation: (2010) 11 SCC 1
Facts: Challenged the constitutionality of National Company Law Tribunal (NCLT) and Appellate Tribunal.
Relevance:
Court upheld that Parliament has the power to establish tribunals/courts for subjects in the Union List under Article 247.
However, the composition and appointment process must preserve judicial independence.
🔹 R. Gandhi v. Union of India (2010)
Citation: AIR 2010 SC 1151
Held:
Article 247 permits additional courts, but does not allow dilution of judicial standards.
Judicial independence under Basic Structure Doctrine must be maintained while exercising this power.
🔹 Indira Nehru Gandhi v. Raj Narain (1975)
Citation: AIR 1975 SC 2299
Observation:
Article 247 shows that Parliament can legislate even in matters touching State judicial structure if it is for Union List subjects.
🏛️ Practical Applications of Article 247:
CBI Courts under Delhi Special Police Establishment Act
NIA Special Courts under the National Investigation Agency Act
Special Courts for tax or economic offences
Company Law Tribunals (NCLT) for corporate matters
These courts are not subordinate to State High Courts in administrative matters, but are part of the judiciary.
📌 Summary Table:
| Aspect | Details |
|---|---|
| Article | 247 |
| Authority | Parliament |
| Purpose | Establishment of additional courts for Union List laws |
| Overriding Nature | “Notwithstanding” clause gives it primacy over other provisions |
| Judicial Safeguard | Must comply with judicial independence and basic structure doctrine |
🧠 Conclusion:
Article 247 empowers Parliament to strengthen the judicial infrastructure for the effective enforcement of Union laws by creating additional courts. However, the exercise of this power is subject to the basic structure doctrine, particularly regarding the independence of the judiciary.
RELATED Blog
0 comments