Recently, the Supreme Court of India exercised its extraordinary powers under Article 142 of the Constitution to grant divorce in a case where mutual consent was absent. This highlights the crucial role of Article 142 in delivering complete justice beyond statutory limitations. Over the years, this provision has enabled the apex court to bridge legal gaps and ensure fair outcomes in complex cases.
What is Article 142?
Article 142 of the Indian Constitution grants the Supreme Court the authority to pass orders necessary for doing complete justice in any pending matter. These orders are binding and enforceable across India, ensuring that legal remedies are not hindered by procedural constraints.
Key Provisions of Article 142
Ensuring Complete Justice
Allows the Supreme Court to deliver justice beyond technical legal barriers.
Used when existing laws are inadequate to resolve a case fairly.
Binding Orders Across India
Any decree passed under this article is enforceable throughout the country.
Ensures uniformity in the execution of the Supreme Court’s rulings.
Powers in Judicial Proceedings
The Supreme Court can issue orders regarding:
Attendance of persons in court.
Production of documents for evidence.
Investigation and punishment for contempt of court.
Significance of Article 142
Bridging Legal Gaps
Helps in situations where statutory provisions do not offer a direct solution.
Example: In cases of irretrievable breakdown of marriage, divorce can be granted even if laws do not explicitly provide for it.
Judicial Activism & Social Justice
Enables the Supreme Court to play an active role in shaping legal principles.
Used in landmark cases like the Babri Masjid demolition case and the Bhopal Gas Tragedy compensation case.
Strengthening Constitutional Morality
Ensures that justice is upheld even when procedural laws fall short.
Protects fundamental rights by enforcing progressive legal interpretations.
Criticism & Challenges
Judicial Overreach Concerns
Some argue that Article 142 allows excessive judicial intervention, bypassing the legislature.
Risks setting subjective precedents that may lack clear legal backing.
Lack of Clear Guidelines
No fixed criteria on when and how Article 142 should be used.
Potential for inconsistent application in different cases.
Impact on Separation of Powers
While it ensures justice, it may also blur the lines between judiciary, executive, and legislature.
Critics suggest that Parliament should provide more structured legal remedies to reduce dependency on Article 142.
Way Forward
Judicious Use of Powers: The Supreme Court must ensure that Article 142 is invoked only in exceptional cases.
Legislative Reforms: Parliament should consider codifying legal gaps that often necessitate its use.
Balancing Justice & Procedure: While delivering justice, courts should respect legal frameworks and institutional boundaries.
UPSC Prelims Question
Q: With reference to Article 142 of the Indian Constitution, consider the following statements:
It empowers the Supreme Court to pass any order necessary for doing complete justice in a pending case.
Orders passed under Article 142 are enforceable only in the state where the case originates.
It allows the Supreme Court to issue orders related to contempt of court.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3
UPSC Mains Question
Q. Article 142 of the Indian Constitution empowers the Supreme Court to deliver complete justice. Critically analyze its significance, judicial interpretations, and concerns regarding judicial overreach.
(GS Paper 2 – Indian Constitution & Judiciary)
Comments