Constitution Section 139A — Transfer of certain cases

Part V — THE UNION — CHAPTER IV.—THE UNION JUDICIARY

Constitutional

Summary

If similar legal questions are being considered in the Supreme Court and one or more High Courts, or in two or more High Courts, the Supreme Court can decide to take over those cases from the High Courts and handle all of them itself. This can happen if the Supreme Court believes the questions are important and of general public interest, either on its own or after someone asks for it. After deciding those legal questions, the Supreme Court may send a case back to the High Court with its judgment, and the High Court must then follow that judgment. Additionally, the Supreme Court can transfer any case, appeal, or other legal matter from one High Court to another if it believes that is necessary for justice.

Official Text

(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all the cases itself:Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.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.