What is Article 138 of Indian constitution
Article 138 of the Indian Constitution
Title: Enlargement of the jurisdiction of the Supreme Court
📜 What Article 138 States:
Article 138(1):
Parliament may, by law, enlarge the jurisdiction and powers of the Supreme Court, including in matters involving the Union Government and the States.
Article 138(2):
The Supreme Court's jurisdiction can also be extended to other matters (that are part of the Union List) if the concerned State gives consent, and Parliament makes a law to that effect.
✅ Key Provisions Explained:
| Clause | Meaning |
|---|---|
| (1) | Parliament can pass laws to increase the jurisdiction and powers of the Supreme Court beyond what is already defined in the Constitution. |
| (2) | For subjects in the Union List (Schedule 7), Parliament can allow the SC to hear cases involving a State, but only if that State consents to it. |
🏛️ Why Article 138 Is Important:
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Provides flexibility to adapt the role of the Supreme Court as the nation’s legal needs evolve.
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Allows Parliament to increase SC’s authority in civil, criminal, or administrative matters.
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Helps in bringing State-level issues under central judicial review, with consent.
🧾 Example:
If Parliament wants the Supreme Court to hear appeals on certain tax matters involving Centre and State, it can pass a law under Article 138(1).
If a State government consents, the SC can even hear specific disputes concerning that State, under Article 138(2).
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