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| 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:
- Provides flexibility to
adapt the role of the Supreme Court as the nation’s legal needs
evolve.
- Allows Parliament to increase
SC’s authority in civil, criminal, or administrative matters.
- 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).
MCQs on Article 138 –
Enlargement of the Jurisdiction of the Supreme Court
Q1. What does
Article 138 of the Indian Constitution primarily deal with?
A) Enforcement of
Fundamental Rights
B) Enlargement of the jurisdiction of the Supreme Court
C) Writ jurisdiction of High Courts
D) Appointment of Supreme Court Judges
✅ Correct Answer: B
Q2. Under Article
138(1), the jurisdiction of the Supreme Court can be extended:
A) Only through a
constitutional amendment
B) By a notification from the President
C) By a law made by Parliament
D) By a resolution of the Supreme Court
✅ Correct Answer: C
Q3. The Supreme
Court's jurisdiction under Article 138 can be extended in respect of:
A) Matters concerning
Fundamental Rights
B) Disputes between Union and States
C) Any matter within the jurisdiction of the High Courts
D) International treaties only
✅ Correct Answer: C
Q4. According to
Article 138(2), in matters related to the State List, jurisdiction can be
extended only with:
A) Presidential assent
B) Governor’s approval
C) Consent of the concerned State Government
D) Resolution of the Rajya Sabha
✅ Correct Answer: C
Q5. Which part and
chapter of the Indian Constitution contains Article 138?
A) Part III, Chapter
III
B) Part V, Chapter IV
C) Part VI, Chapter V
D) Part IV, Chapter II
✅ Correct Answer: B
Q6. The
enlargement of jurisdiction under Article 138 is meant to:
A) Reduce High Court
powers
B) Give more powers to President
C) Empower the Supreme Court to deal with additional matters
D) Limit Supreme Court’s workload
✅ Correct Answer: C
Q7. Which
authority has the power to frame a law for enlarging the Supreme Court's
jurisdiction under Article 138?
A) Supreme Court
B) Union Cabinet
C) Parliament of India
D) President of India
✅ Correct Answer: C
Q8. Article 138
applies to:
A) Civil matters only
B) Criminal matters only
C) Both civil and criminal matters within High Court jurisdiction
D) Religious matters exclusively
✅ Correct Answer: C
Q9. In which case
can Parliament not enlarge the jurisdiction of the Supreme Court
under Article 138?
A) Matters not within
the jurisdiction of State High Courts
B) Matters requiring consent of a State
C) Matters of national emergency
D) Disputes under Article 131
✅ Correct Answer: B
Q10. Article 138
enables the Supreme Court to:
A) Review its own
judgments
B) Exercise original jurisdiction in any matter
C) Exercise additional jurisdiction as Parliament may by law provide
D) Appoint High Court judges
✅ Correct Answer: C
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