Question

Consider the following statements:

1. Supreme Court can transfer cases from one High Court to another.

2. Article 139A was introduced by the 42nd Amendment.

Which of the above is/are correct?

• A. Only 1
• B. Only 2
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

C. Both 1 and 2

• Transfer of Cases: Under Article 139A of the Indian Constitution, the Supreme Court of India is empowered to transfer any case, appeal, or other proceedings pending before any High Court to another High Court or to itself.

• Origin of Article 139A: This article was inserted into the Constitution by the 42nd Constitutional Amendment Act, 1976. This amendment is often referred to as the 'Mini-Constitution' due to the significant changes it introduced.

• Judicial Power: The provision ensures uniformity in law and prevents conflicting judgments on similar legal questions by different High Courts across the country.