The Constitution of India
Article 247
Power of Parliament to provide for the establishment of certain additional courts
Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.
Why this exists
The Constitution's Chapter on High Courts (Part VI, Chapter V) mainly lets States organize their own court systems for state subjects. But some laws made by Parliament—on subjects like defence, currency, or interstate trade—may need specialised courts for effective enforcement across the country. Article 247 gives Parliament a specific, overriding power to create such additional courts, ensuring Union laws aren't left without proper judicial machinery, without having to depend on State legislatures or ordinary High Court structures.
Common misconceptions
- Myth: Article 247 lets Parliament create any kind of new court for any purpose.
Fact: It only allows creating additional courts to help enforce Parliament's own laws or laws on subjects listed in the Union List—not for state subjects or general purposes. - Myth: This Article is the same as the tribunals set up under Articles 323A or 323B.
Fact: Article 247 deals with 'courts,' while tribunals are a separate mechanism created under different constitutional provisions (Articles 323A and 323B), often with different composition and procedure.