Article 139A of CoI : Article 139A: Transfer Of Certain Cases

Explanation using Example

Imagine a scenario where several pharmaceutical companies have filed cases in various High Courts challenging the legality of a new drug pricing policy implemented by the government. The core legal question in all these cases is whether the policy infringes upon the companies' right to do business. Since this is a substantial question of general importance, and the cases are pending in different High Courts across India, the Supreme Court decides to use its power under Article 139A of the Constitution of India.

The Supreme Court, upon an application by the Attorney-General or suo motu, withdraws all these cases to itself to ensure uniformity in the legal assessment of the new policy. After hearing the matter, the Supreme Court concludes that the policy is constitutional but requires certain modifications to strike a balance between public interest and the companies' rights.

The Court then returns one of the cases to the originating High Court with its judgement, directing the High Court to apply the principles laid down by the Supreme Court in its decision to the case at hand. Consequently, the High Court adjusts its proceedings in line with the Supreme Court's judgement, leading to a consistent application of the law across all similar cases.