Article 139A of the Indian Constitution vests the Supreme Court with the power to transfer cases from High Courts to itself or from one High Court to another. This article was inserted to facilitate the efficient disposal of cases, especially those involving similar questions of law, and to ensure uniformity in the interpretation and application of laws across different High Court jurisdictions, thereby preventing conflicting judgments. It serves as a crucial tool for the Supreme Court in managing the judicial workload and upholding the principle of justice.
The article was originally inserted by the Constitution (Forty-second Amendment) Act, 1976, but its original text relating to the constitutional validity of Central laws was later omitted and substituted with the current provision regarding the transfer of cases by the Constitution (Forty-third Amendment) Act, 1977, and the Constitution (Forty-fourth Amendment) Act, 1978. The present Article 139A came into effect on 1st June 1979.
Original Text
139A. Special provisions as to transfer of certain cases.
(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts, the Supreme Court may, on its own motion or on an application made by the Attorney-General of India or by a party to any such case, withdraw the case or cases pending before the High Court or the High Courts and dispose of all such cases itself:
Provided that the Supreme Court may dispose of the case or cases withdrawn from the High Court or the High Courts without the case pending before the Supreme Court.
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceeding pending before any High Court to any other High Court.
Detailed Explanation
Article 139A grants the Supreme Court specific powers related to the transfer of cases, categorised into two distinct scenarios:
Clause (1): Transfer of cases from High Courts to the Supreme Court
- This clause addresses situations where identical or largely similar questions of law are being considered by different courts simultaneously.
- It applies when similar cases are pending before:
- The Supreme Court and one or more High Courts, OR
- Two or more High Courts.
- In such circumstances, the Supreme Court is empowered to ‘withdraw’ the case or cases pending before the High Court(s).
- The initiation for such withdrawal and subsequent disposal by the Supreme Court can be done in one of three ways:
- On its own motion (suo motu): The Supreme Court can identify such a situation and initiate the transfer without being prompted by an external application.
- On application by the Attorney-General of India: The principal legal advisor to the Government of India can apply to the Supreme Court for the transfer of such cases.
- On application by a party to any such case: Any litigant involved in one of the cases pending before the relevant High Court(s) or the Supreme Court can apply for the transfer.
- Once the cases are withdrawn to the Supreme Court, the Supreme Court shall dispose of all such cases itself. This ensures a unified ruling on the common question of law.
- The Proviso to Clause (1) is important. It clarifies that the Supreme Court’s power to withdraw and dispose of cases from High Courts exists even if there isn’t a similar case involving the same questions of law pending before the Supreme Court itself. The existence of similar cases in two or more High Courts is sufficient ground for the Supreme Court to exercise its power under this clause. This broadens the scope of the Supreme Court’s ability to consolidate cases from High Courts for a definitive ruling on a common legal issue.
Clause (2): Transfer of cases from one High Court to another High Court
- This clause provides the Supreme Court with the power to transfer a case, appeal, or other proceeding from the file of one High Court to another High Court.
- The primary condition for exercising this power is that the Supreme Court must deem it ’expedient so to do for the ends of justice’. This is a broad criterion encompassing various reasons.
- The reasons for transferring a case from one High Court to another under this clause can be diverse and relate to the pursuit of justice. Common grounds include:
- Ensuring a fair trial where a party apprehends bias or difficulty in conducting the case in the original High Court’s jurisdiction.
- Convenience of parties or witnesses.
- Avoiding multiplicity of proceedings if connected matters are pending in another High Court.
- Any other reason where the Supreme Court feels that transferring the case is necessary to secure justice.
- Unlike Clause (1), Clause (2) does not explicitly mention suo motu power or application by the Attorney-General. Transfers under Clause (2) are typically initiated by an application made by a party to the case seeking the transfer.
Significance and Purpose:
Article 139A plays a vital role in the Indian judicial system by:
- Promoting Uniformity: By centralizing cases involving similar legal questions, it ensures that the law is interpreted and applied consistently across different parts of the country, preventing conflicting judgments from High Courts.
- Ensuring Judicial Efficiency: Consolidating similar cases saves judicial time and resources for both the Supreme Court and the High Courts.
- Upholding the Ends of Justice: Clause (2) provides a mechanism to transfer cases when required for fairness, convenience, or other considerations that promote justice.
- Strengthening the Supreme Court’s Supervisory Role: It reinforces the position of the Supreme Court as the apex court capable of overseeing and streamlining litigation across the High Courts.
Detailed Notes
- Article 139A grants the Supreme Court power to transfer cases.
- It consists of two clauses dealing with different types of transfers.
- Clause (1): Transfer from High Court(s) to the Supreme Court.
- Condition: Cases involve the same or substantially the same questions of law.
- Pendency: Questions pending before SC and one or more HCs, OR before two or more HCs.
- Initiation: Can be done by the SC suo motu (on its own motion), or upon application by the Attorney-General of India, or upon application by a party to any such case.
- Action: SC may withdraw the case(s) from the HC(s) and dispose of all such cases itself.
- Proviso to Clause (1): SC can dispose of the withdrawn HC cases even if no similar case is pending before the SC itself.
- Purpose: To achieve uniformity in law, prevent conflicting interpretations, and consolidate similar matters.
- Clause (2): Transfer from one High Court to another High Court.
- Condition: SC deems it expedient so to do for the ends of justice.
- Action: SC may transfer any case, appeal, or other proceeding pending before any High Court to any other High Court.
- Initiation: Typically initiated by an application made by a party to the case.
- Purpose: To ensure fairness, convenience, avoid prejudice, or for other reasons related to securing justice.
- Scope: The power under Article 139A extends to ‘cases, appeals or other proceedings’.
- Nature of Power: The power under Article 139A is discretionary (indicated by “may”).
- Effect of Transfer under Clause (1): Once withdrawn, the Supreme Court hears and decides the case(s), and its judgment is binding.
- Historical Context: Original Article 139A (42nd Amendment) dealt with constitutional validity of laws; substituted by 43rd & 44th Amendments to deal with case transfers.
Additional Comments
- Article 139A complements the Supreme Court’s plenary powers under Article 142, which allows the Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it. While Article 142 is a general power, Article 139A provides a specific mechanism for transferring cases.
- The power under Article 139A is frequently invoked in cases involving challenges to the validity of central laws, large-scale public interest litigations affecting multiple states, or significant statutory interpretations where conflicting views have emerged or are likely to emerge from different High Courts.
- Applications under Article 139A are typically referred to as ‘Transfer Petitions’.
- The ’ends of justice’ criterion in Clause (2) is broad and gives significant discretion to the Supreme Court. The court considers various factors including the convenience of parties/witnesses, threat to fair trial, possibility of bias, and other relevant circumstances.
- While Article 139A provides a specific power to transfer from HCs, the SC also has the power to transfer cases from lower courts (like District Courts) under Section 25 of the Code of Civil Procedure, 1908, and Section 406 of the Code of Criminal Procedure, 1973, subject to certain conditions. Article 139A is a constitutional power specifically for High Court cases.
Summary
Article 139A empowers the Supreme Court to transfer cases. Under Clause (1), the Court can withdraw cases involving similar questions of law pending before itself and one or more High Courts, or before two or more High Courts, to decide them itself, either suo motu or upon application by the Attorney-General or a party. The proviso allows withdrawal even if no similar case is pending before the Supreme Court. Under Clause (2), the Court can transfer any case, appeal, or proceeding from one High Court to another High Court if it deems it expedient for the ends of justice. This article is crucial for ensuring uniformity in law, promoting judicial efficiency, and securing justice by consolidating similar matters and allowing transfers where necessary.