Consider the following statements:
1.The Supreme Court can transfer cases between High Courts.
2.Article 139A empowers the Supreme Court in this regard.
Correct Answer :
Both 1 and 2
Solution :
The correct answer is Both 1 and 2.
Let us analyze each statement step-by-step:
Statement 1: "The Supreme Court can transfer cases between High Courts."
This statement is correct. Under Indian constitutional law, the Supreme Court of India possesses the power to transfer cases, appeals, or proceedings pending before one High Court to another High Court or to itself if it considers it expedient to do so in the interest of justice.
Statement 2: "Article 139A empowers the Supreme Court in this regard."
This statement is also correct. Article 139A was inserted into the Constitution of India by the 42nd Amendment Act, 1976 (and further amended by the 44th Amendment Act, 1978). Article 139A(1) deals with the transfer of cases involving the same or substantially the same questions of law pending before the Supreme Court and one or more High Courts, or before two or more High Courts. Article 139A(2) explicitly empowers the Supreme Court to transfer any case, appeal, or other proceedings pending before one High Court to another High Court if it considers it expedient to do so for the ends of justice.
Therefore, both Statement 1 and Statement 2 are accurate.
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