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

Official Text

Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.

Simple Meaning

Article 135 is a transitional provision. It ensures that any jurisdiction or legal powers held by the pre-independence Federal Court of India (created under British rule) that were not explicitly covered by standard civil or criminal appeal articles were automatically inherited by the new Supreme Court.

Explain Like Ten

Before India became a Republic in 1950, there was an old British-era Federal Court. This rule says all the cases and powers of that old court are handed over to the new Supreme Court.

Student Mode

A transitional provision enabling the Supreme Court to exercise jurisdiction and powers over matters that fell under the pre-independence Federal Court of India (established under the Government of India Act, 1935) if those matters are not covered by Articles 133 or 134. It ensured no legal vacuum occurred during the transition to the Republic.

Example

If a legal dispute arose under a colonial statute in 1948 and fell under the old Federal Court's jurisdiction, but did not meet the civil/criminal appeal criteria of Articles 133 or 134, the Supreme Court could still hear it in 1951 using the powers inherited under Article 135.

Key Takeaway

The Supreme Court inherited all residual powers of the pre-independence Federal Court.

FAQs

What was the Federal Court of India?

The Federal Court of India was a judicial body established in 1937 under the Government of India Act, 1935. It functioned until the Supreme Court of India was established on January 28, 1950.

Why is Article 135 still relevant?

It is a transitional article ensuring that any residual jurisdiction of the old Federal Court not explicitly covered under civil (133) or criminal (134) appeals is still exercisable by the Supreme Court.

Quiz

Which historical court's powers were transferred to the Supreme Court under Article 135?

Answer: The Federal Court of India

The Federal Court of India was established under which act?

Answer: Government of India Act 1935

Related Topics

• Article 134
• Article 136