Article 140

Article 140 of the Constitution of India authorises Parliament to confer supplementary or ancillary powers on the Supreme Court to enable it to effectively discharge its constitutional functions. This provision is intended to ensure that the apex judicial body has sufficient authority and procedural capacity to administer justice in all circumstances, even as the legal system evolves.

Constitutional Text

The text of Article 140 reads as follows:

“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 enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.”

This concise yet powerful Article provides Parliament with a legislative mechanism to strengthen the Supreme Court’s ability to exercise its jurisdiction, ensuring that the Court remains a robust and adaptive institution within India’s constitutional framework.

Purpose and Context

The inclusion of Article 140 reflects the framers’ foresight in recognising that the Supreme Court’s jurisdiction and powers, as explicitly provided elsewhere in the Constitution, might not be exhaustive. Over time, new forms of legal disputes, administrative complexities, and constitutional challenges could emerge, necessitating additional powers for the Court to act effectively.
The primary objectives of Article 140 are:

• To enable the Supreme Court to function efficiently in carrying out its constitutional mandate.
• To ensure that the Court can adapt its jurisdiction to meet changing societal and legal conditions.
• To provide legislative flexibility, allowing Parliament to enhance judicial powers without the need for constitutional amendment.

Legislative Framework

Article 140 empowers Parliament to:

1. Enact laws conferring additional or supplemental powers upon the Supreme Court.
2. Ensure that such powers are not inconsistent with any provision of the Constitution.

While no specific legislation has yet been enacted under Article 140, the Article remains an enabling provision that Parliament can invoke when necessary. It serves as a constitutional reserve power, allowing the legislature to strengthen the Supreme Court’s institutional capacity and jurisdictional reach in the future.

Relationship with Other Constitutional Provisions

Article 140 works in tandem with several other Articles defining the Supreme Court’s powers and functions:

• Article 141: Declares that the law laid down by the Supreme Court is binding on all courts within India, ensuring uniformity in the application of law.
• Article 142: Empowers the Supreme Court to pass any decree or order necessary to do complete justice in any cause or matter pending before it.
• Article 139 and 138: Provide mechanisms for Parliament to extend or confer additional jurisdiction and writ powers on the Supreme Court.

Together, these provisions create a comprehensive framework for defining and expanding the Supreme Court’s jurisdiction and operational scope. Article 140, in particular, ensures that this framework remains flexible and adaptable.

Judicial Interpretation and Scope

Although Article 140 has not been the subject of direct constitutional litigation, its principles have been invoked in discussions concerning the Supreme Court’s implied and ancillary powers. The Court has, through various judgments, asserted that it possesses not only the powers expressly conferred by the Constitution but also implied powers essential for the effective exercise of its jurisdiction.

• Keshavananda Bharati v. State of Kerala (1973): The Supreme Court, while establishing the Basic Structure Doctrine, emphasised the need for adequate judicial powers to preserve constitutional supremacy. Article 140 was cited as a reflection of the framers’ intention to equip the Supreme Court with adaptable authority.
• Minerva Mills Ltd. v. Union of India (1980): The Court reinforced its role as the guardian of the Constitution and upheld the importance of judicial powers to maintain the balance between the legislature and the judiciary.
• Supreme Court Advocates-on-Record Association v. Union of India (2016): The Court reiterated its independence in judicial appointments, highlighting the importance of constitutional provisions that preserve and strengthen its authority, including Article 140.

Through these cases, the Supreme Court has recognised that judicial independence and functional adaptability are integral to its role as the final interpreter and guardian of the Constitution — objectives that Article 140 explicitly supports.

Nature of Supplemental Powers

The powers conferred under Article 140 are described as “supplemental” or “ancillary”, meaning that they are intended to support and facilitate the exercise of the Court’s existing jurisdiction rather than to create entirely new areas of jurisdiction.
For instance, such powers could include:

• Enabling the Court to regulate procedural matters or administrative aspects of its functioning.
• Authorising the Court to oversee specialised tribunals or commissions in coordination with Parliament.
• Allowing the Court to handle emerging areas of law, such as environmental, technological, or digital jurisprudence, through specific legislative empowerment.

However, any powers conferred under this Article must conform to the constitutional limitations on judicial authority and cannot undermine the principles of separation of powers or the independence of the judiciary.

Potential Applications of Article 140

While Parliament has not yet enacted legislation directly under Article 140, its potential scope is wide and significant. Possible future applications could include:

• Strengthening the Supreme Court’s supervisory powers over national tribunals and quasi-judicial bodies.
• Establishing new procedural frameworks for handling complex transnational or environmental disputes.
• Enhancing the Court’s capacity to enforce fundamental rights and directives in coordination with Articles 32 and 142.
• Creating special divisions or benches within the Supreme Court to deal with specialised matters such as economic offences or digital governance.

The Article thus serves as a constitutional safeguard, ensuring that the judiciary can evolve to meet the demands of a rapidly changing society.

Limitations and Safeguards

The legislative power under Article 140 is not absolute. It is subject to certain constitutional constraints:

• Any law passed under Article 140 must not conflict with existing constitutional provisions.
• The supplemental powers conferred must be consistent with the principles of judicial independence and the basic structure of the Constitution.
• Parliament cannot use Article 140 to alter the Supreme Court’s essential jurisdiction, restrict its constitutional powers, or interfere with its autonomy.

These safeguards ensure that while Parliament may enhance the Court’s powers, it cannot dilute its constitutional role or undermine the balance of power among the three organs of government.

Significance of Article 140

Article 140 occupies an important place in the constitutional scheme, both symbolically and functionally. Its significance lies in:

• Flexibility: It provides constitutional elasticity to adapt the judiciary’s powers to contemporary needs.
• Empowerment: It allows the Supreme Court to exercise its jurisdiction more effectively and comprehensively.
• Legislative-Judicial Cooperation: It exemplifies cooperative interaction between Parliament and the judiciary, fostering a responsive and modern legal system.
• Continuity of Justice: It ensures that the Supreme Court can continue to uphold justice even in unforeseen or unprecedented situations.

Current Status and Relevance

To date, no specific legislation has been enacted under Article 140. Nevertheless, its continued inclusion in the Constitution underscores the framers’ understanding that the judiciary’s role in a constitutional democracy must remain dynamic and responsive.
In an era of evolving legal complexities — such as cybercrime, environmental governance, and global digital law — Article 140 remains a potential constitutional tool for empowering the Supreme Court to address emerging challenges effectively.

Constitutional Significance

Article 140 embodies the principle of judicial adaptability, ensuring that the Supreme Court’s authority keeps pace with the nation’s growth and transformation. It serves as a testament to the framers’ foresight in designing a Constitution that not only defines the powers of the judiciary but also provides mechanisms for their evolution.