Article 135 of Indian Constitution: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

Article 135 of the Indian Constitution is a crucial provision that deals with the jurisdiction and powers of the Supreme Court of India. It states that the jurisdiction and powers of the Federal Court, which was the highest court before the establishment of the Supreme Court, would be exercisable by the Supreme Court.

The Federal Court of India was established under the Government of India Act, 1935, and it functioned as the highest court of appeal in the country. However, with the adoption of the Indian Constitution in 1950, the Federal Court was replaced by the Supreme Court as the apex judicial body in India.

Under Article 135, the Supreme Court inherited the jurisdiction and powers of the Federal Court, which means that all the powers and authorities that were vested in the Federal Court would now be exercised by the Supreme Court.

Jurisdiction of the Supreme Court

The Supreme Court of India has been granted extensive jurisdiction under Article 135. It has both original and appellate jurisdiction, which means it can hear cases that are brought directly to it and also cases that are appealed from lower courts.

The original jurisdiction of the Supreme Court includes cases involving a dispute between the Government of India and one or more states, cases involving a dispute between two or more states, and cases involving a question of law on which the existence or extent of a legal right depends.

Furthermore, the Supreme Court has the power to issue writs, orders, or directions for the enforcement of fundamental rights guaranteed by the Constitution. It can also hear cases related to the interpretation of the Constitution and provide advisory opinions to the President of India on matters of public importance.

Powers of the Supreme Court

In addition to its jurisdiction, the Supreme Court of India has been vested with various powers to ensure the effective administration of justice. These powers enable the Supreme Court to uphold the rule of law and protect the rights of the citizens.

One of the significant powers of the Supreme Court is the power of judicial review. It has the authority to review the constitutionality of laws and government actions. If any law or action is found to be in violation of the Constitution, the Supreme Court has the power to strike it down.

The Supreme Court also has the power to issue writs, which are orders issued by the court to enforce fundamental rights and protect the rights of individuals. The five types of writs that can be issued by the Supreme Court are habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

Furthermore, the Supreme Court has the power to transfer cases from one High Court to another to ensure fair and impartial trials. It can also transfer cases from one subordinate court to another within the same state.

Another important power of the Supreme Court is the power of contempt. It can punish individuals or entities for contempt of court, which includes any act that obstructs or interferes with the administration of justice or undermines the authority of the court.

Impact and Significance

Article 135 of the Indian Constitution has had a profound impact on the Indian judicial system. By vesting the jurisdiction and powers of the Federal Court in the Supreme Court, it ensured continuity in the functioning of the highest court in the country.

The Supreme Court's wide jurisdiction and powers have made it the guardian of the Constitution and the protector of fundamental rights. Its power of judicial review has played a crucial role in upholding the principles of constitutionalism and ensuring that the laws and actions of the government are in conformity with the Constitution.

Moreover, the Supreme Court's power to issue writs has been instrumental in safeguarding the rights of individuals. The writs provide a mechanism for individuals to seek relief from the court when their fundamental rights are violated or when they face any injustice.

The Supreme Court's power to transfer cases has also been significant in ensuring fair and impartial trials. It prevents any undue influence or bias that may arise due to local factors and ensures that justice is served.

Furthermore, the power of contempt held by the Supreme Court acts as a deterrent against any act that may undermine the authority and integrity of the judiciary. It upholds the dignity and respect of the court and ensures that justice is administered without any hindrance.

Conclusion

Article 135 of the Indian Constitution plays a vital role in defining the jurisdiction and powers of the Supreme Court. It ensures that the Supreme Court inherits the powers and authorities of the Federal Court, thereby maintaining continuity in the Indian judicial system.

The Supreme Court's jurisdiction and powers enable it to uphold the rule of law, protect fundamental rights, and ensure justice for all. Its power of judicial review, issuance of writs, and ability to transfer cases contribute to the effective functioning of the judiciary and the protection of citizens' rights.

Thus, Article 135 stands as a cornerstone of the Indian Constitution, empowering the Supreme Court to act as the guardian of the Constitution and the ultimate arbiter of justice in the country.