Part V - The Union • Article

Article 138 Simplified: Enlargement of the jurisdiction of the Supreme Court

Article 138 allows Parliament to expand (enlarge) the jurisdiction and powers of the Supreme Court by passing a law, especially regarding matters listed in the Union List or through special agreements between the Center and States.

Official Text

(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer. (2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.

Simple Meaning

Explain Like Ten

If the country needs the Supreme Court to handle new types of cases (like new national rules or agreements), Parliament can pass a law to give the court these extra duties.

Student Mode

Deals with the enlargement of the Supreme Court's jurisdiction. Under clause (1), Parliament can enlarge its jurisdiction with respect to any matters in the Union List. Under clause (2), the Union and a State can, by special agreement, confer jurisdiction on the Supreme Court, subject to parliamentary legislation.

Example

If Parliament creates a new national tribunal for space commerce and wants the Supreme Court to act as the direct appellate authority for it, Parliament can use its powers under Article 138 to pass a law conferring this new jurisdiction.

Key Takeaway

Parliament has the power to expand the Supreme Court's jurisdiction by law.

FAQs

Can Parliament reduce the jurisdiction of the Supreme Court?

No. Parliament can enlarge (expand) the Supreme Court's jurisdiction under Article 138, but it cannot curtail or take away the court's core constitutional powers (such as judicial review or writ jurisdiction under Article 32).

What is the significance of Article 138(2)?

It allows the Government of India and any State Government, by special agreement, to refer a matter to the Supreme Court, provided Parliament passes a law facilitating this exercise.

Quiz

Under Article 138(1), Parliament can enlarge the Supreme Court's jurisdiction with respect to matters in the:

Answer: Union List

Can the core constitutional powers of the Supreme Court be reduced by Parliament?

Answer: No, they are part of the basic structure