All You need to know about Article 135 of the Indian Constitution with Case Laws

INTRODUCTION

Jurisdiction and powers of the Federal Court under existing law to be exercisable by the  Supreme Court.—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. 

The Supreme Court of India is given the authority to exercise the federal court’s jurisdiction  and powers under any pre-constitutional laws by virtue of the constitutional provisions of  Article 135 of the Indian Constitution. 

The Federal Court’s authority and functions under current legislation are to be exercisable by  the Supreme Court, according to Article 135 of the Indian Constitution.  The aforementioned article can be found in Part V of the Constitution. The legal term denoting the legal authority bestowed to a legal organization to carry out acts of justice  is known as “jurisdiction.” 

WHAT IS ARTICLE 135

Unless otherwise stated by statute or by Parliament, the Supreme Court of India shall execute the “jurisdiction and powers” of the Federal Court under existing law. In addition, the supreme court shall have the authority, jurisdiction, or ability to hear cases that do not meet the requirements of Articles 133 or 134. The Federal Court and the Supreme Court were competent to perform all of these duties in line with any applicable laws prior to the adoption of this Constitution.

AIM OF ADDING ARTICLE 135 

Article 135 was added to the Constitution in order to allow the Supreme Court to exercise jurisdiction  in situations not covered by articles 133 and 134, in respect of matters where the Federal Court had  the power to hear appeals, etc. from the High Courts under the previous law. 

NEED OF ARTICLE 135

When the Federal Court had jurisdiction to hear appeals, etc. from the High Courts under the previous  law, article 135 was added to the Constitution to give the Supreme Court the ability to exercise  jurisdiction in situations that were not covered by articles 133 and 134. 

Thus, if a decision made by a High Court in a case or action that was started prior to the Constitution’s  inception satisfies the requirements for valuation under the legislation in effect at that time, an appeal  from that decision may be made to the Supreme Court. 

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

CASE LAWS

In the case of the State of Maharashtra v. Milind (2000), the question before the Supreme Court was whether the Bombay High Court had the jurisdiction to hear an appeal against an order of acquittal passed by a Metropolitan Magistrate. The Supreme Court held that the high court had the jurisdiction to hear such an appeal under Article 135 of the Constitution.

Further, in the case of Moosa Raza v. State of Kerala (2005), Article 135 was interpreted in the context of appeals from the decisions of the Rent Control Appellate Authority. The Supreme Court held that when a statute provides for two forums of appeal, both the forums should be deemed to have concurrent jurisdiction unless the statute expressly excludes one of them.

CONCLUSION  

The Federal Court of India served as India’s highest court of appeals for the longest period of  time. The Federal Court of India was founded by the Government of India Act (1935) to serve  as a last court of appeals and to have greater authority than all provincial courts (High Courts)  in British India. 

Even after India gained its independence, this concept persisted, and in 1950 the Indian  Constitution created the Supreme Court of India to take the position of the Federal Court.  Since then, the Supreme Court has maintained the rule of law in the nation and has the  authority granted to the Federal Court of India by the purview of Article 135 of the Indian  Constitution.

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