Introduction

Article 247 of the Indian Constitution grants the power to the Parliament to establish additional courts for the better administration of laws relating to specific subjects. This article empowers the Parliament to create courts that are beyond the ordinary framework of the judiciary. It provides the necessary flexibility to address the diverse legal needs of the country and ensure efficient and effective justice delivery.

Understanding Article 247

Article 247 is a unique provision in the Indian Constitution that allows the Parliament to establish courts with jurisdiction over matters that fall within the ambit of the Union List or the Concurrent List. The Union List includes subjects on which only the central government can legislate, while the Concurrent List contains subjects on which both the central and state governments can legislate.

The power conferred by Article 247 is distinct from the ordinary power of the Parliament to establish courts under Article 246. While Article 246 empowers the Parliament to create courts for the administration of laws made by it, Article 247 allows for the creation of additional courts to administer laws made by both the Parliament and the state legislatures.

Scope and Application

Article 247 enables the Parliament to establish additional courts for specific subjects mentioned in the Union List or the Concurrent List. This provision ensures that the legal complexities and nuances of these subjects are adequately addressed through specialized courts.

The Parliament can establish these additional courts in any part of the country, as deemed necessary. The jurisdiction, powers, and functions of these courts are determined by the Parliament through appropriate legislation. This allows for a tailored approach to the administration of justice, taking into consideration the unique requirements of different subjects.

It is important to note that the establishment of additional courts under Article 247 does not affect the jurisdiction of the existing courts. The existing courts, such as the Supreme Court and the High Courts, continue to have their respective jurisdictions as defined by the Constitution.

Significance and Benefits

The power granted by Article 247 serves several important purposes:

1. Specialized Courts

By establishing additional courts, the Parliament can ensure specialized adjudication of matters falling within specific subjects. This allows for a deeper understanding of complex legal issues and promotes efficient resolution of disputes.

2. Efficient Justice Delivery

The establishment of additional courts helps in reducing the burden on the existing courts. By creating specialized courts, the Parliament can distribute the workload and ensure timely disposal of cases. This leads to improved efficiency in the justice delivery system.

3. Addressing Regional Imbalances

Article 247 enables the Parliament to establish additional courts in different parts of the country, ensuring access to justice for people in remote areas. This helps in addressing regional imbalances and promoting equal access to justice for all.

4. Flexibility in Legal Administration

The power granted by Article 247 provides flexibility in the administration of laws. It allows for the creation of courts that are specifically tailored to address the legal complexities of different subjects. This ensures that the legal system remains adaptable to changing circumstances and evolving needs.

Conclusion

Article 247 of the Indian Constitution empowers the Parliament to establish additional courts for the better administration of laws relating to specific subjects. This provision allows for specialized adjudication, efficient justice delivery, and addressing regional imbalances. It provides the necessary flexibility to ensure that the legal system remains adaptable and responsive to the diverse legal needs of the country.

The power granted by Article 247 is a testament to the dynamic nature of the Indian Constitution, which recognizes the importance of specialized courts in promoting effective and efficient justice delivery.