The Constitution of India
Article 138
Enlargement of the jurisdiction of the Supreme Court
(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.
Why this exists
The framers of the Constitution knew that the specific powers of the Supreme Court listed elsewhere (like Articles 132-136) might not cover every future need. Article 138 was designed as a flexible tool so that, as India's legal and administrative needs evolved, Parliament could expand the Court's jurisdiction without needing a constitutional amendment. Clause (2) also allows a cooperative federal solution: if both the Centre and a State want the Supreme Court to resolve or oversee a particular matter, they can agree to it, subject to Parliament's approval, respecting the federal balance of power.
How courts read it
There are few landmark cases interpreting Article 138 directly, since it operates as an enabling provision rather than a source of frequent litigation. Courts have generally treated it as confirming that the Supreme Court's jurisdiction is not fixed forever by the original constitutional text but can be enlarged through ordinary legislation. Judicial commentary has noted that this reflects the Constitution's flexible, evolving character regarding the highest court's powers, though actual legislative use of Article 138(2) has been rare in practice.
Common misconceptions
- Myth: The Supreme Court can expand its own jurisdiction whenever it wants.
Fact: Only Parliament (through a law) can enlarge the Supreme Court's jurisdiction under this Article; the Court itself cannot grant itself new powers. - Myth: A state and the Centre can directly hand a matter to the Supreme Court without Parliament's involvement.
Fact: Under Article 138(2), any special agreement between the Centre and a State only becomes effective if Parliament passes a law allowing the Supreme Court to exercise that jurisdiction.