The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next Article in the series on constitutional provisions in order to aid our readers in understanding them.
144. “Civil and judicial authorities to act in aid of the Supreme Court.—All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.”
Article 144 obliges all authorities in the country to act in aid of the Supreme Court. It is, therefore, not permissible in our constitutional scheme for any other authority to claim that power in exclusivity, or in supersession of the Supreme Court’s verdict. Whatever be the controversy prior to the Supreme Court entertaining such a matter, it must end when the Court is seized of the matter for pronouncing its verdict and it is the constitutional obligation of every person and authority to accept its binding effect when the decision is rendered by the Supreme Court. It is also to be remembered that in our constitutional scheme based on democratic principles which include governance by rule of law, every one has to act and perform his obligations according to the law of the land and it is the constitutional obligation of the Supreme Court to finally say what the law is. There is no doubt that the Speakers and all others sharing their views are alive to this constitutional scheme, which is as much the source of their jurisdiction as it is of the Supreme Court and also conscious that the power given to each wing is for the performance of a public duty as a constitutional obligation and not for self-aggrandisement. Once this perception is clear to all, there can be no room for any conflict.
Legislature can render retrospectively ineffective a declaratory decision of the Supreme Court by enacting a Validating Act. But, the Executive cannot escape Court’s direction in a case to which it was a party, by retrospectively altering the rules with a view to nullify the Court’s directions. The remedy may be by way of a review. So long as the decision stands, it has got to be obeyed.
Article 144 of the Constitution mandates that “all authorities civil and judicial, in the territory of India shall act in aid of the Supreme Court. “These authorities are legally obliged not only to act in aid of the Supreme Court for the enforcement of the law declared by the Supreme Court but also in aid of all its orders, decrees or directions. Consequence of deliberate flouting and non-compliance with the orders of the Supreme Court is penal. The Supreme Court may award exemplary costs against defaulting government. Any authority failing to comply with the directions of the Supreme Court may be hauled up for contempt of court and cannot be allowed to plead inability to comply.
Under Article 142 decrees and orders of the Supreme Court are enforceable throughout the territory of India. As a follow up, Article 144 provides that civil and judicial authorities shall act in aid of the Supreme Court. For purposes of giving effect to the directions and decisions of the Supreme Court, all authorities, civil and judicial, in the territory of India, have been made in a way subordinate to the authority of the Supreme Court in as much as all these are required to “act in aid of the Supreme Court”. Non-compliance of any directions of the Supreme Court by any civil or judicial authority may invite contempt of court proceedings and punishment.
Source: Dr Subhash C Kashyap, Constitutional Law of India
