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Article 135 Of Indian Constitution In English
Article 135 – Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.
Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.
Article 135 In English
135 Article – The jurisdiction and powers of the Federal Court under existing law can be exercised by the Supreme Court.
Unless Parliament by law otherwise provides, the Supreme Court shall have jurisdiction and powers in respect of any matter to which the provisions of Article 133 or Article 134 shall not apply if the jurisdiction in respect of that matter and the powers may be immediately exercised by the Federal Court. before the coming into force of this Constitution under any existing law.
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What Is Article 135 Of Indian Constitution?
In Article 135 you see “Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court” that means Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.
Article 135 Debate Summary
On 15 September 1949, there was a debate in the Legislative Assembly on the inclusion of the draft Article 112B. It gave the Supreme Court all the powers and jurisdiction previously exercised by the Privy Council. The chairman of the drafting committee said the provision was necessary to ensure that the Supreme Court can exercise jurisdiction over all proceedings relating to income tax and property acquisition.
A member proposed that the article be amended to extend the power of the Court under jurisdiction by law ‘or practice’. He argued that the Privy Council was exercising certain powers that were not codified, and therefore by including the phrase ‘or practice’, it also included non-codified customs within the jurisdiction of the Supreme Court.
The Chairman of the Drafting Committee replied that while the term was generally taken to include matters of procedure, it would be unfair to amend as the draft Article 112B deals only with a substantive matter of jurisdiction.
Another member proposed that the jurisdiction of the Supreme Court should be extended to allow hearing of appeals against death sentences passed by court martial, citing certain procedural issues, which would lead to fair and impartial treatment of the accused.
Hearing ability was affected. The Chairman of the Drafting Committee replied that there was no impediment for Parliament to make appropriate provisions in the Army Act conferring such power to the Supreme Court, and therefore the amendment was unnecessary. The proposed members withdrew all the amendments. The draft Article 112B was adopted by the Assembly on 15 September 1949.
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