पृष्ठ:भारत का संविधान (१९५७).djvu/१४६

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52
THE CONSTITUTION OF INDIA

 

Part V.—The Union.—Arts. I37–I42.

Review of judg-
ments or orders
by the Supreme
Court.

I37. Subject to the provisions of any law made by Parliament or any rules made under article I45, the Supreme Court shal have power to review any judgment pronounced or order made by it.

________of
the jurisdiction
of Supreme
Court.
I38. (I) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.

(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.

Conferment on
the Supreme
Court of powers
to issue certain
writs.

[१]I39. Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.

Ancillary powers
of Supreme
Court.

I40. Parliament may by law make provision for conferring upon the Supreme Court such suppl-emental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.

Law declared by
Supreme Court
to be binding on
all courts.

I4I. The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Enforcement of
decrees and or-
ders of Supreme
Court and orders
as to discovery,
etc.

I42. (I) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, untill provision in that behalf is so made, in such inanner as the President may by order[२] prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any docurnents, or the investigation or punishment of any contempt of itself.


  1. Art I39 shall not apply to the State of Jammu and Kashmir.
  2. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954, published with Ministry of Law Notification No. C. O. 47, dated the 14th January, 1954, Gazette of India, Extraordinary, Pt. II, sec 3, P. 75.