Article 142 grants the Supreme Court discretionary power to issue decrees and orders necessary for doing “complete justice” in any case pending before it.
This power allows the court to act beyond the constraints of existing laws to ensure justice is delivered, especially in cases where regular laws may not provide adequate remedies.
The article also clarifies that these orders are enforceable throughout India.
Key aspects of Article 142:
- Discretionary Power:The Supreme Court has the power to pass any order or decree deemed necessary for complete justice in any case pending before it.
- Enforceability:These orders are enforceable throughout India, as prescribed by Parliament or the President.
- Judicial Activism:Article 142 is seen as a tool for judicial activism, allowing the court to intervene and ensure justice when existing laws are insufficient.
- Scope:The scope of the article is wide, allowing the court to address issues beyond the specific matters before it, as long as it is necessary for doing complete justice.
- Examples of Use: Article 142 has been used in cases like the release of A.G. Perarivalan, the Chandigarh mayoral poll results, and the Bhopal Gas Tragedy, demonstrating its broad applicability.
- Criticisms: Some argue that the wide discretionary power of Article 142 can lead to judicial overreach, blurring the lines between judicial, legislative, and executive functions, and potentially creating inconsistencies in legal rulings.