Article 142 of The Constitution Of India
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Article 142 in The Constitution Of India 1949
Both judicial proceedings are presently permitted by section 8 3 of the 1996 Act to run parallel, even if they involve deciding an identical question concerning the validity of an arbitration agreement. The law declared by the Supreme Court shall be binding on all courts within the territory of India. Article 139: Conferment on the Supreme Court of powers to issue certain writs 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. Article 127: Appointment of ad hoc Judges 1 If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India. Article 134A: Certificate for appeal to the Supreme Court Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause 1 of article 132 or clause 1 of article 133, or clause 1 of article 134, — a may, if it deems fit so to do, on its own motion; and b shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause 1 of article 132, or clause 1 or article 133 or, as the case may be, sub-clause c of clause 1 of article 134, may be given in respect of that case.
What is Article 142 of the Indian Constitution?
Powers, Privileges and Immunities of Parliament and its Members 105 Powers, privileges, etc. Article 129: Supreme Court to be a court of record The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to of itself. Prior to the 2015 Amendments, it empowered the Chief Justice of India in international commercial arbitration, and the Chief Justice of the relevant High Court in non-international commercial arbitration, to appoint arbitrators under certain select circumstances. Conduct of Business 99 Oath or affirmation by members. Referral to Constitution Bench While one ponders over the possible solution to this conundrum, one cannot lose sight of the fact that today, we have a court of 31 judges who sit in thirteen divisions of two or three to deliberate on the seminal legal issues of the day. This poses several concerns, with one of them being the issue of maintainability of review against an order passed under Section 11 of the 1996 Act. List of Important Article of the Constitution Articles Description Article 1-4 Deals with the territory of India, formation of new states, alterations, names of existing states.
Constitution of India: List of All Articles (1
Article 130: Seat of Supreme Court The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint. After 6 months parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier, It is only after this second motion that a decree of the divorce is granted by the court. Article 144A: Special provisions as to disposal of questions relating to constitutional validity of laws … — Repealed Article 145: Rules of Court, etc. We are, therefore, entitled to consider the plea of the appellant for acquittal despite the fact that at the time of issuing notice, it was limited in terms of the order dated July 27, 2009. See Footnote 2 on page 4.
Article 142 in The Constitution Of India 1949
Additionally, and in the absence of any similar notification by any of the State governments, the court extended the ban to State highways as well. While the recent amendments have drastically altered the machinery for appointment of arbitrators, their retrospective application is dubious. Right to Education is one of the most widely known outcomes of this situation. This is the reason that these articles have been included in the basic structure doctrine along with Article 32 and Article 136. To avoid the situations like above, the framers of the Indian Constitution inserted article 141 and 142.
What is Article 142 of the Indian Constitution?
It is true that Article 142 has been invoked for the purpose of doing tremendous good to large sections of the population and indeed to the nation as a whole. Procedure in Financial Matters 202 Annual financial statement. Article 140: Ancillary powers of Supreme Court Parliament may by law make provision for conferring upon the Supreme Court such supplemental 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. Article 146: Officers and servants and the expenses of the Supreme Court 1 Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission. Cultural and Educational Rights 29 Protection of interests of minorities. Article 143: Power of President to consult Supreme Court 1 If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
Article 142(1) of the Constitution of India had no
Right to Freedom of Religion 25 Freedom of conscience and free profession, practice and propagation of religion. Once this requirement is fulfilled and the petition is moved then after filing and recording of statement of parties , the court adjourns the matter for 6 months. Recently, Supreme Court of India appointed the new Lokayukta of Uttar Pradesh, by exercising powers granted by Article 142of the Constitution. For a number of years, it has been my practice not to speak about the cases in which I had appeared as a lawyer, for it had been my view that doing so would not be appropriate. Many other articles and three other parts were added to it by subsequent constitutional amendments. But striking down does not take away the provisions from the Constitution. Article 142 in The Indian Constitution Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc 1 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 orders 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, until provision in that behalf is so made, in such manner as the President may by order 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 documents, or the investigation or punishment of any contempt of itself India's Important Case Laws and Landmark Judgments on Constitution of India i.
Article 143 of Constitution of India
The Supreme Court has held that it has unfettered powers under Article 142 of the Constitution to enlarge the scope of hearing in a particular case to render substantive justice depending on its facts and circumstances. Disqualifications of Members 190 Vacation of seats. On the basis of the well-recognized distinction between a substantive and procedural review, I will put forth an argument that a Section 11 Order is amenable to review on grounds of procedural infirmities. Distribution of Revenues between the Union and the States 268 Duties levied by the Union but collected and appropriated by the State. Article 137: Review of judgements or orders by the Supreme Court Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
Article: 142 Subject
As a possible solution, the authors rely on the principle of lis pendens, or its common law equivalent of res sub judice, to suggest that where an application seeking reference to arbitration, and involving a question as to existence of a valid arbitration agreement, is pending before a judicial authority, a parallel petition for appointment of arbitrators, raising identical concerns, must not be decided. The Supreme Court put in place a ban of a distance of 500 metres by invoking Article 142. As an advisory court, it hears matters which may specifically be referred to it under the Constitution by the President of India. Photo: Shanker Chakravarty Photo Credit: We have, for example, the cleansing of the Taj Mahal, whose marble was yellowing on account of sulphur fumes from the surrounding industries. Procedure in Financial Matters 112 Annual financial statement. Article 142 had necessarily to be invoked.
(PDF) Article 142: Incomplete Justice?
Power to impose taxes by, and Funds of, the Municipalities. Those who are looking for a summary of the Indian Constitution, this post might be the right place to start with. Article 134: Appellate jurisdiction of Supreme Court in regard to criminal matters 1 An appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court — a has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or b has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or c certified under article 134A that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub-clause c shall lie subject to such provisions as may be made in that behalf under clause 1 of article 145 and to such conditions as the High Court may establish or require. Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters 1 An appeal shall lie to the Supreme Court room any judgement, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under article 134A — a that the case involves a substantial question of law of general importance; and b that in the opinion of the High Court the said question needs to be decided by the Supreme Court. Article 369-392 Article 370 deals with Article 371A Gives special provisions with respect to state of Nagaland.
Article 142 of The Constitution Of India
Since the appellant had already suffered imprisonment for 11 years 2 months, the Bench directed that he be released forthwith. The ban on the sale of alcohol along national and State highways: While the notification by the central government prohibited liquor stores along National Highways only — those abutting the National Highways — the of a distance of 500 metres by invoking Article 142. The Advocate-General for the State 165 Advocate-General for the State. Prior to the 2015 amendments, the power to appoint arbitrators under section 11 of the Arbitration and Conciliation Act of 1996 in India was vested with the Chief Justice of India, or a High Court. Section 49 ii of the Constitution Eighteenth Amendment Act, 2010 10 of 2010 , substituted paragraph c of Art. One would even be compelled to observe that India has thirteen Supreme Courts as each division represents, by itself, the Supreme Court of India, and each bench is independent of the other.