Rachnendra
Asked July 27, 2013

Section 139A -transfer of a case

  • 1 Answer
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How can a case be transferred from a single High Court to the Supreme Court of India on the request of Ld. Attorney General? Please keep in mind that Article 139A talks about the transfer of case if it is pending before a Supreme Court or one or more High Courts OR two or more High Courts, but the present question concerns the matter which is pending before a single High Court.

Answer 1

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Kinnori

Hello,

As you have rightly mentioned article 139A of the Constitution speaks about transfer of case, when it is pending before many High Courts. Indian Constitution being a living constitution, can always amend itself and can always make space for an exceptional and extra ordinary situation.If need is felt that, a substantial question of law or an unparalled aspect of law is in question before any of the High Court, which the legal fraternity believes can be answered only by the Apex Court, then under such situation on the request of the Attorney-Genral the Apex Courtmay consider the same.

 

It is again to be remebered, that no wriiten provision of such transfer can be found anywhere in the Indian Legal system. However, just by its mere absence, it cannot be said to absolute. Indian judiciary is not static, it evolves with the dynamism of time. Thus, it can we well construed as, if the legal domain of the country feels that any said case needs to be heard by the Supreme Court only, then ofcourse, via exception to the common practise, the case can be transferred to the Apex Court.

Agree Comment 0 Agrees almost 4 years ago

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