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Article 138 Of The Indian Constitution

article 138 of indian constitution
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According to the Indian Constitution, the Supreme Court is endowed with a broad range of jurisdiction and authority.

The Supreme Court’s expanded jurisdiction is discussed in Article 138 of the Indian Constitution. The said Article is enshrined in Chapter IV of Part V of the Constitution.

Original jurisdiction, advisory jurisdiction, appellate jurisdiction, review jurisdiction, inherent jurisdiction, and extraordinary jurisdiction are the six forms of jurisdiction that the Supreme Court of India may exercise.

This article will assist you to comprehend the meaning of the said Article and identify the increased SC jurisdictional areas that it refers to.

Constitutional Provisions Of Article 138 Of The Indian Constitution

Article 138 of the Constitution of India delves into the Supreme Court’s extended jurisdiction. The aforementioned Article has two clauses which are discussed below:

  1. The Supreme Court shall have any additional jurisdiction and powers that Parliament may by law grant with regard to any of the subjects mentioned in the Union List.
  2. The Supreme Court of India shall have such additional jurisdiction and powers with respect to any subject as the Indian Government and any State Government may grant by special agreement if Parliament by law authorizes the SC to exercise such jurisdiction and powers.

Conclusion

The Assembly accepted Draft Article 114 (Article 138) on June 6, 1949. According to the said Article, the breadth of the jurisdiction of SC has extended.

In India, there is a separate and independent judiciary system that has substantial authority over the legislative and executive jurisdictions. The term “judicial review” refers to the legal principle that the courts have the authority to evaluate both legislative and executive acts. It is typically seen as the foundation of an independent judiciary.

For Further Readings:

Article 132 Of The Indian Constitution Article 133 Of The Indian Constitution
Article 135 Of The Indian Constitution Article 137 Of The Indian Constitution
Article 119 Of The Indian Constitution 7th Schedule Of The Indian Constitution

FAQs

What Article 138 Deals With?

The increased jurisdiction of the SC is discussed in depth in Article 138 of the Constitution of India.

What Is Clause 1 Of Article 138?

The Supreme Court of India shall have such additional jurisdiction and powers with respect to any issue on the Union List as Parliament may be conferred by law.

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