Enlargement of the Jurisdiction of the Supreme Court
Official heading: “Enlargement of the jurisdiction of the Supreme Court”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 138, printed page 64
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.
1. In One Sentence
Article 138 empowers Parliament to enlarge the jurisdiction and powers of the Supreme Court with respect to Union List matters, and by agreement between the Union and States on other matters.
2. What It Means in Everyday Language
Article 138 provides for the legislative expansion of the Supreme Court's jurisdiction beyond the explicit provisions of the Constitution.
Clause (1) provides that the Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
Clause (2) allows jurisdiction expansion over State or Concurrent subjects: if the Government of India and the Government of any State agree that the Supreme Court should exercise jurisdiction over any matter, Parliament may by law provide for the exercise of such jurisdiction.
This provision ensures that as federal regulatory regimes, specialized tribunals, and national economic markets evolve, Parliament can confer direct appellate or reference jurisdiction on the Supreme Court.
3. Practical Illustrative Example
Parliament creates a specialized National Green Tribunal or Competition Appellate Tribunal and seeks to direct all appeals directly to the Supreme Court.
4. Important Limits, Qualifications & Exceptions
Article 138 permits the expansion, but never the contraction, of the Supreme Court's constitutional powers.
- Parliamentary authority to confer additional powers on Union List matters.
- Intergovernmental agreement mechanism for non-Union matters.
- One-way ratchet: Jurisdiction can be enlarged by statute, but constitutional core powers cannot be diluted.
- Accommodates modern economic, environmental, and regulatory jurisprudence.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 138, printed page 64 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.