Article 142 of Indian Constitution:-
A key clause in the Indian Constitution, Article 142, gives the Supreme Court the authority to administer “complete justice” in any case or subject that comes before it. Below is a summary of its main features:
Power Granted:
- In the exercise of its authority, the Supreme Court may issue any decree or order that it thinks is required to bring a case to a full and final resolution.
- This gives the court extensive latitude and covers any “causes and matters” that are pending.
Unique Feature:
- Article 142 is unique as it doesn’t have direct counterparts in many other written constitutions.
- It allows the court to go beyond existing legal provisions and precedents to ensure fair and just outcomes.
Enforcement:
Decrees and orders passed under Article 142 are enforceable throughout India.
Parliament prescribes the specific manner of enforcement, and until then, the President may issue orders.
Important Points:
This power is not absolute. The Supreme Court cannot bypass established legal principles or act arbitrarily.
The court has used Article 142 to address various issues, including:
Providing relief to disadvantaged groups
Protecting fundamental rights
Evolving jurisprudence in response to societal changes
Awarding compensation for damages beyond existing legal frameworks
Debate and Concerns:
The sweeping nature of Article 142 raises concerns about potential judicial overreach.
Some argue that it can lead to unpredictable and inconsistent outcomes.
The balance between achieving complete justice and adhering to established legal principles is crucial.
