The Constitution of India
Article 135
Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.
Why this exists
Before 1950, India's highest court was the Federal Court, created under the Government of India Act, 1935. It handled certain appeals, especially on federal (Centre-State) disputes and some criminal matters not covered by the new Constitution's Articles 133 (civil appeals) and 134 (criminal appeals). When the Supreme Court replaced the Federal Court, the framers wanted a smooth transition — no gap in jurisdiction. Article 135 ensured any leftover powers of the Federal Court under pre-Constitution laws would simply continue with the Supreme Court, until Parliament made specific rules.
How courts read it
Courts have treated Article 135 as a transitional bridge provision, ensuring continuity of jurisdiction rather than creating new substantive rights of appeal. It has been read alongside Articles 133 and 134 to fill gaps left by those articles, especially regarding matters governed by pre-constitutional laws such as certain criminal or federal-court appeals. Over time, its practical importance shrank as Parliament enacted specific laws (like the Code of Criminal Procedure and various appellate statutes) covering these areas directly.
Common misconceptions
- Myth: Article 135 gives the Supreme Court permanent special powers separate from Articles 133 and 134.
Fact: It only fills gaps for matters not covered by those Articles, and only until Parliament makes a specific law — it's a transitional safety net, not a standalone permanent power.