Part V - The Union • Article

Article 139 Simplified: Conferment on the Supreme Court of powers to issue certain writs

Under Article 32, the Supreme Court can issue writs (legal orders) *only* to protect Fundamental Rights. Article 139 allows Parliament to pass a law empowering the Supreme Court to issue these writs for other purposes (such as protecting ordinary legal or statutory rights).

Official Text

Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.

Simple Meaning

Explain Like Ten

Normally, you can only ask the Supreme Court for special protective orders (writs) to save your Fundamental Rights. But this rule lets Parliament pass a law allowing the court to issue these orders for other laws too.

Student Mode

Enables Parliament to pass legislation conferring upon the Supreme Court the power to issue directions, orders, or writs (such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) for purposes other than the enforcement of Fundamental Rights (which is already covered under Article 32). This bridges the gap between the Supreme Court's writ powers and High Courts' broader writ powers under Article 226.

Example

If a citizen's statutory right to property is violated and Parliament wants them to be able to approach the Supreme Court directly for a writ of mandamus, Parliament can pass a law using Article 139 to grant this power.

Key Takeaway

Parliament can authorize the Supreme Court to issue writs for rights beyond Fundamental Rights.

FAQs

How does the Supreme Court's writ jurisdiction compare to the High Court's?

The Supreme Court's writ jurisdiction under Article 32 is a Fundamental Right but is restricted *only* to enforcing Fundamental Rights. The High Court's writ jurisdiction under Article 226 is broader, covering Fundamental Rights *and* ordinary legal rights. Article 139 allows Parliament to make the Supreme Court's writ power equally broad.

Has Parliament passed a law under Article 139 to expand the Supreme Court's writ power?

No, Parliament has not yet enacted a general law under Article 139 to expand the Supreme Court's writ jurisdiction to other purposes.

Quiz

Under Article 32, the Supreme Court issues writs only for Fundamental Rights. Which article allows Parliament to authorize writs for other purposes?

Answer: Article 139

Whose writ jurisdiction is currently broader: the Supreme Court's under Article 32 or a High Court's under Article 226?

Answer: The High Court's