Consider the following statements: 1. Supreme Court can transfer cases from one High Court to another. 2. Article 139A was introduced by the 42nd Amendment. Which of the above is/are correct?

Correct — C. Statement 1 holds: under Article 139A(2), the Supreme Court may, for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

Statement 2 holds: the official text records that Article 139A was inserted by the 42nd Amendment Act, 1976, section 24, with effect from 1 February 1977.

Both are true: option (c).

Why the others are wrong

• (a)
  Only 1 — It drops a true statement. The Constitution's own footnote credits Article 139A to the 42nd Amendment, 1976. The 44th Amendment later substituted just its clause (1).
• (b)
  Only 2 — It drops statement 1, which is Article 139A's own clause (2): the Supreme Court may move a case, appeal or proceeding from one High Court to another.
• (d)
  Neither 1 nor 2 — Both statements match the text. Clause (2) gives the transfer power, and the footnote to Article 139A records its insertion by the 42nd Amendment Act, 1976.

Article 139A, on transfer of certain cases, has two clauses.

Clause (1): when the same or substantially the same questions of law are pending before the Supreme Court and High Courts, or before two or more High Courts,
and they are substantial questions of general importance, the Supreme Court may withdraw the cases and decide them itself.

Clause (2): it may transfer any case, appeal or other proceeding from one High Court to another, for the ends of justice.

Key facts

• Article 139A was inserted by the Constitution (Forty-second Amendment) Act, 1976, s. 24, with effect from 1 February 1977.
• The 44th Amendment Act, 1978 substituted clause (1) of Article 139A, with effect from 1 August 1979.
• Article 139A(2): the Supreme Court may transfer a case, appeal or other proceeding from one High Court to another for the ends of justice.
• Article 228 lets a High Court withdraw a case from a subordinate court when it involves a substantial question of constitutional interpretation.

Common traps

• Crediting Article 139A to the 44th Amendment because that Amendment rewrote clause (1), when the Article itself came in with the 42nd.
• Confusing Article 139A (Supreme Court, between High Courts) with Article 228 (High Court, from its subordinate courts).

No directly related past PYQ was found.