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Question

Which Article of the Indian Constitution empowers the Parliament to establish additional courts for better administration of laws made by it?

This question was previously asked in
SSC CGL 2023 (Tier-II) Paper 1 Previous Year Paper (26-Oct-2023) (Shift-1)
The correct answer is

Article 247

Understanding Parliament's Power to Establish Courts

The question asks about the specific Article in the Indian Constitution that grants Parliament the authority to create additional courts. This power is crucial for ensuring the effective administration of laws enacted by Parliament across the country.

Article 247: Parliament's Power for Additional Courts

Article 247 of the Indian Constitution explicitly deals with the power of Parliament to establish certain additional courts. It states that, notwithstanding anything in Chapter IV of Part V or Part VI of the Constitution (which relate to the Union and State Judiciaries, respectively), Parliament may, by law, provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.

This means Article 247 provides a specific legislative power to the Union Parliament to set up courts beyond the standard structure defined in other parts of the Constitution, specifically when those courts are needed to help administer laws that Parliament has made or has the power to make.

Analyzing the Options

Let's examine the other options provided to understand why Article 247 is the correct answer and the others are not relevant to the establishment of additional courts:

  • Article 248: This Article deals with Residuary powers of legislation. It states that Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This is about legislative subject matter, not the establishment of courts.
  • Article 253: This Article empowers Parliament to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or any decision made at any international conference, association or other body. This is about international obligations, not establishing courts for domestic laws.
  • Article 246: This Article distributes legislative powers between the Union and the States by reference to the Lists (Union List, State List, Concurrent List) in the Seventh Schedule. It defines which legislature (Parliament or State Legislature) can make laws on which subject, but it does not concern the power to establish additional courts.

Therefore, based on the constitutional provisions, Article 247 is the sole Article among the options that grants Parliament the power to establish additional courts for the administration of its laws.

Revision Table: Key Articles Discussed

Article Number Subject Matter Relevance to Question
Article 247 Power of Parliament to establish additional courts for the better administration of laws made by Parliament. Directly addresses the question.
Article 248 Residuary powers of legislation for Parliament. Deals with legislative subject matter, not court establishment.
Article 253 Power of Parliament to legislate for giving effect to international agreements. Deals with international obligations, not court establishment for domestic laws.
Article 246 Subject-matter of laws made by Parliament and by the Legislatures of States (Lists in the Seventh Schedule). Defines legislative domains, not the power to establish courts.

Additional Information: Indian Judiciary Structure and Parliament's Role

The Indian judicial system is structured in a hierarchical manner, with the Supreme Court at the apex, followed by High Courts in each state (or group of states), and a system of subordinate courts. While the Constitution establishes the Supreme Court and High Courts and defines their powers, Parliament and State Legislatures have powers related to the structure and jurisdiction of subordinate courts and, as seen with Article 247, Parliament can establish additional courts for administering its laws.

The power granted under Article 247 ensures that when Parliament legislates on complex matters falling under the Union List (e.g., specific areas of taxation, trade, or intellectual property), it can also create specialized judicial or quasi-judicial bodies or additional courts to handle disputes and enforce those specific laws effectively.

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