Article 139A of Constitution of India – Transfer of certain cases
Article 139A of Constitution of India deals with Transfer of certain cases
Original Text of Article 139A of Constitution of India
[(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 and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.]
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]
Questions related to Article 139A of Constitution of India
Article 139A empowers the Supreme Court to transfer certain cases from one High Court to another or to itself if the cases involve substantial questions of law of general importance, as per the Constitution of India.
The Supreme Court can act on its own (suo motu) or on a request from the Attorney General of India or any party involved in the case. This ensures consistency in legal interpretation under the Articles of Indian Constitution.
It helps in avoiding conflicting judgments from different High Courts on the same legal issue and promotes judicial efficiency and uniformity, reinforcing the unitary features within the Indian Constitution framework.
Yes, Article 139A applies to both civil and criminal cases, as long as they involve important constitutional or legal questions, as discussed in various rulings available on Indian Kanoon.
You can explore Indian Kanoon to find real case examples where the Supreme Court invoked Article 139A to transfer cases involving constitutional interpretation or national legal relevance under the Constitution of India.
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