Article 135 of the Indian Constitution
Article 135 of the Indian Constitution grants the Supreme Court of India the authority to exercise the jurisdiction and powers of the former Federal Court under existing laws. This provision enables the Supreme Court to hear cases not covered by Articles 133 or 134, which previously fell within the jurisdiction of the Federal Court.
Aim of Adding Article 135 of the Indian Constitution
The inclusion of Article 135 aimed to empower the Supreme Court to adjudicate matters not covered by Articles 133 and 134, aligning with the jurisdiction previously held by the Federal Court over appeals from High Courts.
Need of Article 135
Article 135 was necessitated to ensure that the Supreme Court could hear appeals from High Court decisions that were outside the scope of Articles 133 and 134, based on the jurisdiction granted to the Federal Court under pre-constitutional laws.
Case Laws
State of Maharashtra v. Milind (2000): The Supreme Court ruled that the Bombay High Court had jurisdiction to hear appeals against orders of acquittal by a Metropolitan Magistrate, citing Article 135.
Moosa Raza v. State of Kerala (2005): Interpreting Article 135, the Supreme Court held that when a statute provides for two forums of appeal, both forums should have concurrent jurisdiction unless expressly excluded.
Conclusion: Article 135 of the Indian Constitution
The Federal Court of India, established under the Government of India Act (1935), served as the highest appellate court until India’s independence. With the advent of the Indian Constitution in 1950, the Supreme Court succeeded the Federal Court, inheriting its powers and jurisdiction through Article 135. Since then, the Supreme Court has upheld the rule of law in India, ensuring justice and fairness for all.
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FAQs: Article 135 of the Indian Constitution
Q1. What is the purpose of Article 135 in the Indian Constitution?
Ans: Understand the role of Article 135 in conferring jurisdiction and powers inherited from the Federal Court to the Supreme Court, particularly in matters not covered by Articles 133 or 134.
Q2. How does Article 135 empower the Supreme Court in handling cases?
Ans: Explore how Article 135 empowers the Supreme Court to exercise jurisdiction over matters not covered by specific articles, drawing from the legacy of the Federal Court’s authority.
Q3. Can you provide examples of case laws related to Article 135?
Ans: Dive into case law analyses such as State of Maharashtra v. Milind (2000) and Moosa Raza v. State of Kerala (2005) to grasp the practical applications and interpretations of Article 135 by the Supreme Court.
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