Case Law Details
Sunil Rathee & Ors. vs The State of Haryana & Ors. (Supreme Court)
Few people know about Article 139A as it is sparsely used by the Supreme Court but the makers of the Constitution gave wide powers to the Apex Court under this Article.
Article 139A in the Constitution of India 1949 reads as under:
139A. Transfer of certain cases (1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or an application made by the Attorney General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself: Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment (2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.
In a recent judgement dated 23 July, 2020 in the case of Sunil Rathee & Ors. vs The State of Haryana & Ors., the Apex Court had an opportunity to explain the circumstances when cases can be transferred from High Courts to itself under Article 139A of the Constitution of India. The Single member Bench of the Apex court dealt elaborately on the issue while deciding a transfer petition. A writ petition was pending in the Punjab & Haryana High Court concerning the issue of 10 per cent vertical reservation for Economically Weaker Sections in public employment. The petitioner had pleaded the Apex Court for transferring the petition from the Punjab & Haryana High Court to the Supreme Court on the ground that similar petitions concerning identical issues were pending before the Apex Court for adjudication. The transfer plea was opposed by the State of Haryana which contended that it is not mandatory to transfer the matter to the Supreme Court and the matter be kept in abeyance till the Apex Court finally decides the matter.
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