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Report No. 186

Article 247 reads as follows:

"Article 247: Power of Parliament to provide for the establishment of certain additional Court.- 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."

Entry 13 of List I reads: "Participation in international conferences, associations and other bodies and implementing of decisions made thereat".

Text of Article 247 is drawn from the Canadian Constitution. The Calcutta High Court dealt with this Article elaborately in Indu Bhushan De vs. State: (AIR 1972 Cal). But the words 'additional Courts' have not come for interpretation. In our view, the words 'additional Courts' must be construed widely and apply also to special Courts like the proposed Environment Courts. The word 'additional', in our view, mean additional to the overall number of Courts existing and it is not necessary that there should be an existing class of such Courts.

In fact, whenever the Central Government establishes Courts for a particular class of cases for the first time, this provision is attracted and it is not an argument to say Article 247 119cannot be invoked unless there are existing Courts for that class of cases. Otherwise, Article 247 can never be invoked at all. When such Courts are and can be established for the first time, it cannot be argued that there were no such Courts earlier and hence they cannot be established even initially. Some day or other, they must be established for the first time.

Further, in view of Article 11A in List III, inserted by the 42nd Constitution (Amendment) Act, 1976, deleting these words from Article 3 of List II, Parliament can establish these proposed Environment Courts under the head 'Administration of Justice'. The word 'Courts' in that Article cover the proposed Environmental Courts which are Civil Courts. See Re Special Courts Bill, 1978 = AIR 1979 SC 69.



Proposal to Constitute Environment Courts Back




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