Home / Constitutional Articles / Article 139 of Indian Constitution

Article 139 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
Download As PDF
IMPORTANT LINKS
Parts of the Indian Constitution
Part 5 of the Indian Constitution
Article 52 of Indian Constitution Article 53 of Indian Constitution Article 54 of Indian Constitution Article 55 of Indian Constitution Article 56 of Indian Constitution Article 57 of Indian Constitution Article 58 of Indian Constitution Article 59 of Indian Constitution Article 60 of Indian Constitution Article 61 of Indian Constitution Article 62 of Indian Constitution Article 63 of Indian Constitution Article 64 of Indian Constitution Article 65 of Indian Constitution Article 66 of Indian Constitution Article 67 of Indian Constitution Article 68 of Indian Constitution Article 69 of Indian Constitution Article 70 of Indian Constitution Article 71 of Indian Constitution Article 72 of Indian Constitution Article 73 of Indian Constitution Article 74 of Indian Constitution Article 75 of Indian Constitution Article 76 of Indian Constitution Article 77 of Indian Constitution Article 78 of Indian Constitution Article 79 of Indian Constitution Article 80 of Indian Constitution Article 81 of Indian Constitution Article 82 of Indian Constitution Article 83 of Indian Constitution Article 84 of Indian Constitution Article 85 of Indian Constitution Article 86 of Indian Constitution Article 87 of Indian Constitution Article 88 of Indian Constitution Article 89 of Indian Constitution Article 90 of Indian Constitution Article 91 of Indian Constitution Article 92 of Indian Constitution Article 93 of Indian Constitution Article 94 of Indian Constitution Article 95 of Indian Constitution Article 96 of Indian Constitution Article 97 of Indian Constitution Article 98 of Indian Constitution Article 99 of Indian Constitution Article 100 of Indian Constitution Article 101 of Indian Constitution Article 102 of Indian Constitution Article 103 of Indian Constitution Article 104 of Indian Constitution Article 105 of Indian Constitution Article 106 of Indian Constitution Article 107 of Indian Constitution Article 108 of Indian Constitution Article 109 of Indian Constitution Article 110 of Indian Constitution Article 111 of Indian Constitution Article 112 of Indian Constitution Article 113 of Indian Constitution Article 114 of Indian Constitution Article 115 of Indian Constitution Article 116 of Indian Constitution Article 117 of Indian Constitution Article 118 of Indian Constitution Article 119 of Indian Constitution Article 120 of Indian Constitution Article 121 of Indian Constitution Article 122 of Indian Constitution Article 123 of Indian Constitution Article 124 of Indian Constitution Article 125 of Indian Constitution Article 126 of Indian Constitution Article 127 of Indian Constitution Article 128 of Indian Constitution Article 129 of Indian Constitution Article 130 of Indian Constitution Article 131 of Indian Constitution Article 132 of Indian Constitution Article 133 of Indian Constitution Article 134 of Indian Constitution Article 135 of Indian Constitution Article 136 of Indian Constitution Article 137 of Indian Constitution Article 138 of Indian Constitution Article 139 of Indian Constitution Article 140 of Indian Constitution Article 141 of Indian Constitution Article 142 of Indian Constitution Article 143 of Indian Constitution Article 144 of Indian Constitution Article 145 of Indian Constitution Article 146 of Indian Constitution Article 147 of Indian Constitution Article 148 of Indian Constitution Article 149 of Indian Constitution Article 150 of Indian Constitution Article 151 of Indian Constitution
Part 1 of the Indian Constitution Part 2 of the Indian Constitution Part 3 of the Indian Constitution Part 4 of the Indian Constitution Part 4 A of the Indian Constitution Part 6 of the Indian Constitution Part 8 of the Indian Constitution Part 9 of the Indian Constitution Part 9A of the Indian Constitution Part 10 of the Indian Constitution Part 11 of the Indian Constitution Part 12 of the Indian Constitution Part 13 of the Indian Constitution Part 14 of the Indian Constitution Part 14A of the Indian Constitution Part 15 of the Indian Constitution Part 16 of the Indian Constitution Part 17 of the Indian Constitution Part 18 of the Indian Constitution Part 19 of the Indian Constitution Part 20 of the Indian Constitution Part 21 of the Indian Constitution Part 22 of the Indian Constitution
Article 1 of Indian Constitution Article 3 of Indian Constitution Article 4 of Indian Constitution Article 5 of Indian Constitution Article 6 of Indian Constitution Article 7 of Indian Constitution Article 8 of Indian Constitution Article 9 of Indian Constitution Article 10 of Indian Constitution Article 11 of Indian Constitution Article 12 of Indian Constitution Article 13 of Indian Constitution Article 14 of Indian Constitution Article 15 of Indian Constitution Article 16 of Indian Constitution Article 17 of Indian Constitution Article 18 of Indian Constitution Article 20 of Indian Constitution Article 25 of the Indian Constitution

Overview

Name of the Article

Article 139 - Conferment on the Supreme Court of powers to issue certain writs

Part of the Constitutional Article

Part V

Article 139 of Indian Constitution is an important provision under Part V which governs the operation of the Union. Article 139 deals with the conferment on the Supreme Court of powers to issue certain writs. It empowers Parliament to grant additional powers to the Supreme Court and enables it to issue writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari for purposes beyond enforcing fundamental rights.

Interpretation of Article 139 of Indian Constitution

Article 139 of the Constitution states -“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 warrant to and certiorari, or any of them, for any purposes other than those mentioned in Article 32(2).”

Under Article 139 of Indian Constitution the Parliament is empowered to enact laws granting additional powers to the Supreme Court and allows it to issue directions, orders or writs beyond the enforcement of fundamental rights. The writs can serve broader legal purpose which may resemble those mentioned in Article 32 of Indian Constitution such as -

  • Habeas Corpus: A Latin term which means “You may have the body”. The writ of Habeas Corpus is important for safeguarding personal liberty against unlawful detention.
  • Quo-Warranto: Means “By what authority”. The writ of Quo-warranto challenges the legality of a claim of the person to a public office. It ensures that no individual holds a public office without legal entitlement.
  • Mandamus: Implies “We Command”. The writ of Mandamus is issued by a higher court to compel a lower court, tribunal or public official to perform a duty. It is important to note that it cannot be issued against the President or the Governor. The main objective of this writ is to prevent the misuse of public power.
  • Certiorari: Means “to be certified”. The writ is issued by a higher court when there has been a wrongful exercise of jurisdiction by a lower court or tribunal.
  • Prohibition: A directive issued by a higher court to a lower court. It is a directive to refrain from acting beyond its jurisdiction or engaging in proceedings that infringes legal principles.

The provision allows Parliament to extend the scope of the judicial powers of the Supreme Court. It enhances its ability to provide remedies for a broader range of legal matters. Article 32 is particularly implemented for the enforcement of fundamental rights whereas Article 139 offers a complementary framework by authorizing the issuance of writs for other significant legal purposes. It reflects a balance between judicial and legislative flexibility.

Conclusion

Article 139 of Indian Constitution plays an important role in granting the Supreme Court the authority to issue writs such as habeas corpus, mandamus, prohibition, quo warranto and certiorari. The writs are essential tools for safeguarding the fundamental rights of the citizens. The Supreme Court as the protection of the Constitution is entrusted with upholding the rule of law and protecting individual rights. The powers mentioned under Article 139 allows the court to effectively carry out this responsibility.

More Articles for Constitutional Articles

FAQs about Article 139 of Indian Constitution

Article 139 empowers Parliament to confer additional powers on the Supreme Court to issue writs for purposes beyond enforcing fundamental rights.

Article 32 deals with the issuance of writs to enforce fundamental rights whereas Article 139 allows the Supreme Court to issue writs for broader legal purposes.

Article 139 is mentioned under Part V of the Constitution of India.
Report An Error
Exams Tests Super Practice