Article 142 of Indian Constitution

Article 142

Article 142 of Indian Constitution is a key part of our legal system. It has caught the eye of many, including legal experts and the public. This power given to the Supreme Court has sparked a lot of debate and analysis.

It’s known as the “complete justice” clause. Between 1950 and 2023, it was used in 1,579 cases. In 791 of these, the Supreme Court used it directly. This shows how important this power is for ensuring justice in tough legal situations.

Table of Contents

Article 142 of Indian Constitution

  • Article 142 of the Indian Constitution empowers the Supreme Court to pass any order necessary to secure complete justice.
  • The provision has been used in 1,579 cases between 1950 and 2023, with explicit use in 791 cases.
  • It grants the Supreme Court wide and elastic powers to formulate legal doctrines and meet the ends of justice.
  • Landmark cases have shaped the interpretation and application of Article 142, highlighting its significance in the Indian legal landscape.
  • Recent cases further demonstrate the broad discretionary powers granted by Article 142 for ensuring complete justice.

Understanding Article 142: Constitutional Framework and Significance

Article 142 of the Indian Constitution gives the Supreme Court the power to make any order for “complete justice.” This rule was first proposed as Article 118. It was adopted by the Constituent Assembly with little debate. The meaning of “complete justice” is left for the Court to decide.

Definition and Scope of Complete Justice

The idea of “complete justice” under Article 142 is wide and adaptable. It lets the Supreme Court make decisions that ensure fairness and justice. This includes making orders that might go beyond what the law strictly allows, to achieve true justice.

Historical Background of Article 142

The start of Article 142 can be found in the Constituent Assembly debates. It was meant to give the Supreme Court the power to provide full relief and fill in legislative gaps. The founders wanted a strong judicial body to uphold fairness and justice, even without specific laws.

Constitutional Assembly’s Perspective

The inclusion of Article 142 (then Article 118) was mostly agreed upon in the Constituent Assembly. Members understood the value of giving the Supreme Court the flexibility to ensure complete justice. They saw it as a key tool for the Court to fulfill its duties and protect citizens’ rights.

Key PointsDetails
Definition of Complete JusticeBroad and flexible, allowing the Supreme Court to take necessary measures to ensure fair and just outcomes
Historical BackgroundOriginated from the Constituent Assembly debates, intended to empower the Supreme Court to deliver comprehensive relief and address legislative gaps
Constitutional Assembly’s PerspectiveLargely uncontroversial, recognized the importance of granting the Supreme Court the necessary flexibility to ensure complete justice

Powers Granted to Supreme Court Under Article 142

The Supreme Court of India has a lot of power under Article 142 of the Indian Constitution. This article lets the Court make any order needed for “complete justice” in a case. It also gives the Court the power to enforce its decrees and orders across India.

The Court can also make sure people show up, find documents, and punish contempt of the Court itself.

The Supreme Court has used Article 142 in many important cases to ensure justice and follow the Constitution. For example, in the Bhanwari Devi and Ors. vs State of Rajasthan (2002) case, the Court made the Vishaka Guidelines. These guidelines later led to the creation of the Prevention of Sexual Harassment Act, 2013.

In 2014, the Court canceled 214 out of 218 coal block allocations that were seen as illegal and unfair. This was done using the powers given by Article 142.

The Court has also set important legal precedents using Article 142. For instance, in the K.S. Puttaswamy (Privacy) vs. Union of India (2017) case, it set rules to protect individual privacy. In the Vineeta Sharma vs. Rakesh Sharma & Ors. (2020) case, the Court solved a dispute over daughters’ rights under the Hindu Succession Act using Article 142.

However, the use of Article 142 has also faced criticism. Some say it’s an overreach by the Court, mixing its role with that of the legislature. The S.R. Bommai vs. Union of India (1994) case raised these concerns. The recent ban on alcohol sales along highways, also under Article 142, has also been criticized.

As the Supreme Court continues to use its wide powers under Article 142, there’s a debate about its proper use. People are trying to find a balance between ensuring “complete justice” and respecting the separation of powers and judicial restraint.

CaseOutcome
Bhanwari Devi and Ors. vs State of Rajasthan (2002)Introduction of Vishaka Guidelines, leading to the Prevention of Sexual Harassment Act, 2013
K.S. Puttaswamy (Privacy) vs. Union of India (2017)Established privacy guidelines, safeguarding individual privacy
Vineeta Sharma vs. Rakesh Sharma & Ors. (2020)Resolved conflicting judgments on daughters’ coparcenary rights under the Hindu Succession Act
S.R. Bommai vs. Union of India (1994)Highlighted concerns over the blurring of boundaries between the judiciary and the legislature

“The Supreme Court has been urged to reflect on regulating the use of Article 142 with the suggestion that cases invoking it be referred to a Constitution Bench of at least five judges.”

Evolution of Article 142 Through Landmark Cases

Article 142 of the Indian Constitution has seen a big change through key court decisions. This part of the Constitution lets the Supreme Court make any order needed for “complete justice.” It has sparked a lot of debate and study over time.

Prem Chand Garg Case (1963)

In Prem Chand Garg v. Excise Commissioner, the Supreme Court said its Article 142 powers must follow the Constitution and laws. The Court made it clear that orders under this article can’t go against the law made by the government.

Union Carbide Corporation Case (1991)

The Union Carbide Corporation v. Union of India case was a big step in understanding Article 142. The Supreme Court said Article 142’s power goes beyond regular laws. This lets the Court make decisions that go beyond what the law says, for the sake of justice.

Supreme Court Bar Association Case (1998)

In Supreme Court Bar Association v. Union of India, the Supreme Court again talked about Article 142’s role. The Court said Article 142’s power is extra and not tied to specific laws. It gives the Court the power to do “complete justice” in any case it’s dealing with.

Landmark CaseKey Takeaways
Prem Chand Garg (1963)Orders under Article 142 must be consistent with fundamental rights and statutory laws.
Union Carbide Corporation (1991)Ordinary law limitations do not restrict Article 142 powers, allowing the Court to transcend statutory constraints.
Supreme Court Bar Association (1998)Article 142 powers are supplementary and not limited by specific statutes, enabling comprehensive justice delivery.

These important cases have greatly shaped Article 142. They have made its role bigger, letting the Supreme Court fill in the law’s gaps. This is key to the judicial interpretation and legal precedents around this part of the Constitution.

landmark cases

Enforcement of Decrees and Orders Under Article 142

Article 142 of the Indian Constitution gives the Supreme Court big powers. It helps ensure justice is served in any case before it. The court can enforce its decrees and orders anywhere in the country, no matter where the case is.

Enforcing Supreme Court decrees is key to this rule. Article 142(1) makes these orders enforceable all over India. The Parliament or the President can decide how to enforce them. This includes making people show up, finding documents, and punishing contempt of court.

Over time, the Supreme Court has used its power under Article 142. It has made sure its orders are followed, even when laws were not enough. This has been important in areas like decree enforcement, territorial jurisdiction, and the military justice system.

The court’s power to enforce its orders helps keep the law strong and justice fair. But, this power is not unlimited. It must be used carefully, following the Constitution and other laws.

“The Supreme Court, in exercise of its jurisdiction, can mould the relief to do complete justice to the parties.”

The use of Article 142 has grown through important cases. The courts have found a balance between justice and the law. The use and limits of this power are still being discussed and interpreted.

Article 142 and Fundamental Rights

Article 142 of the Indian Constitution has seen a big change in how it’s understood, especially with fundamental rights. In the early days, like in the Prem Chand Garg case of 1963, it was clear that Article 142’s power must respect the Constitution. It also had to protect the fundamental rights of everyone.

Constitutional Limitations

But, later on, the Court’s role under Article 142 grew. It was recognized that the Supreme Court could make any order needed for justice. This has led to the Court helping out those who are less fortunate, even if it means touching other parts of the Constitution.

Balance with Other Constitutional Provisions

The Supreme Court now has to weigh its power under Article 142 against protecting fundamental rights. This is all about keeping the Constitution’s balance and the separation of powers. The debate is ongoing about how the Court uses its discretion under Article 142. It aims to give complete justice while respecting due process and other authorities’ roles.

Recent decisions by the Supreme Court highlight the need for fairness and protecting rights under Article 142. This balance is key to making sure the Court’s actions under this article don’t harm the Constitution’s overall structure.

“The Supreme Court must carefully balance its powers under Article 142 with the need to protect fundamental rights and uphold the separation of powers.”

CaseOutcome
Prem Chand Garg (1963)Article 142 powers must be consistent with fundamental rights
Atul Kumar (recent)Supreme Court intervened to secure admission for a Dalit youth to IIT Dhanbad
Rajiv Gandhi Assassination Case (2022)Supreme Court invoked Article 142 to order the release of A.G. Perarivalan

Role in Civil and Criminal Proceedings

Article 142 of the Indian Constitution is key in civil and criminal cases. The Supreme Court uses this article to ensure complete justice. It covers civil disputes and criminal offenses, even in court-martial and military justice.

In Delhi Judicial Service Association v. State of Gujarat (1991), the Supreme Court showed it can quash proceedings in any court for justice. This case showed Article 142’s wide reach, beyond civil proceedings and criminal cases.

“Article 142 of the Constitution confers wide powers on the Supreme Court to do complete justice between the parties. This power extends to both civil disputes and criminal cases, including matters related to court-martial and military justice.”

Later, in Union Carbide Corporation v. Union of India (1991), the Court said it can override laws made by Parliament for justice.

But the Court also uses this power wisely, as seen in Supreme Court Bar Association v. Union of India (1998). Here, it was clear Article 142 can’t supplant existing law but can add to it.

The Supreme Court’s expansive interpretation of Article 142 has made it a champion of complete justice. It ensures justice is served, even in tough cases.

Article 142 in civil and criminal proceedings

Supreme Court’s Discretionary Powers in Marriage Dissolution

In 2023, the Supreme Court of India made a big change. They used their power under Article 142(1) of the Constitution. This allowed them to approve divorce due to irretrievable breakdown of marriage under the Hindu Marriage Act. This move started a new trend in divorce laws in India.

Irretrievable Breakdown of Marriage

A five-judge panel of the Supreme Court made a key decision. They said the court can end a marriage, even if one spouse doesn’t agree, if the marriage is truly broken and all chances for fixing it are gone. But, the court must be very careful to make sure justice is served to both sides.

Recent Precedents and Guidelines

  • The Supreme Court stressed the importance of being careful when deciding on divorces. They warned against rushing into them too quickly.
  • The court looks at several things, like how long the couple was married, how long they’ve been in court, and if they’ve tried to make up.
  • In special cases, the court can skip or shorten the six-month waiting period for mutual consent divorce. This makes sure the decision is real and not forced.
  • Granting divorce under Article 142 is not automatic. It’s a power the court uses with great care to ensure justice for both sides.

This important decision has given the Supreme Court a bigger role in ending marriages. It offers a new option for couples facing an irretrievable breakdown of their marriage, moving away from the traditional fault-based system.

Impact on High Court Jurisdiction

The Supreme Court has made it clear that High Courts are not under its control. It said that Article 142’s powers should not take away from High Courts’ duties under Article 227. The Court warned against giving too much power that could weaken High Courts’ ability to provide temporary relief.

In a major case, the Supreme Court overturned its 2018 decision in Asian Resurfacing of Road Agency Private Limited & Anr. v. CBI (2018) 16 SCC 299. A five-Judge panel, led by Chief Justice D.Y. Chandrachud, set out clear rules for using Article 142’s powers.

The Court stressed the need to respect the judicial hierarchy. It also said that the Supreme Court’s powers under Article 142 and High Courts’ duties under Article 227 must be balanced. The new guidelines aim to stop misuse of Article 142 and ensure justice is served fairly.

Key HighlightsDescription
Judicial HierarchyThe Supreme Court clarified that High Courts are not judicially subordinate to it, and the powers under Article 142 should not encroach upon the jurisdiction of High Courts under Article 227.
Interim ReliefThe Court cautioned against issuing blanket directions that could undermine the authority of High Courts to grant interim relief.
Overruling PrecedentThe Supreme Court overruled its previous judgment in the case of Asian Resurfacing of Road Agency Private Limited & Anr. v. CBI (2018) 16 SCC 299.
Guidelines for Article 142The five-Judge Constitution Bench laid down comprehensive guidelines for the exercise of powers under Article 142, emphasizing the need for judicial restraint and the maintenance of the judicial hierarchy.

The Supreme Court’s decisions aim to protect the judicial hierarchy. They ensure that the powers given by the Constitution are used wisely. This way, the High Courts’ authority is not weakened.

Procedural Aspects and Implementation

Article 142 of the Indian Constitution gives the Supreme Court the power to make procedural directions. This is to ensure “complete justice” in any case before it. But, the Court cannot change the rights of people who are not part of the case.

The Supreme Court’s orders under Article 142 are enforceable all over India. This shows the wide territorial jurisdiction given by this provision.

Enforcement Mechanisms

The Supreme Court has used Article 142 in many important cases. For example, in the Union Carbide Corporation case, the Court gave $470 million in compensation to victims. This was to ensure “complete justice.”

In the Coal Block Allocation case in 2014, the Court canceled coal block allocations. It also imposed a penalty of INR 295 per tonne without hearing those affected. The Court has also used Article 142 to regulate firecrackers in Delhi and ban alcohol near highways. These actions were not covered by existing laws.

Territorial Jurisdiction

The wide territorial jurisdiction of the Supreme Court’s orders under Article 142 has sparked debate. This provision lets the Court make directions all over India. But, there are concerns about the clarity and consistency in its application, especially when individual rights are at stake.

The role of Article 142 in delivering “complete justice” is a topic of ongoing debate. There are calls for stricter guidelines to ensure fairness and protect citizens’ rights. The Court’s use of its discretionary powers under this article has been both praised and criticized. This shows the need for a balanced approach that respects the Constitution’s principles.

Article 142 procedural directions

Recent Applications and Contemporary Interpretations

Article 142 of the Indian Constitution gives the Supreme Court a strong tool. It lets the Court make decrees and orders for justice. Over time, the Court has used this power in many important cases. This has shaped how we see Article 142 today.

In 2017, the Supreme Court used Article 142 to ban liquor sales near highways. This was to improve road safety and public health. It showed the Court’s commitment to solving big social problems.

In 2023, the Court applied Article 142 to end marriages that had broken down. This was even when there were no laws for it. It showed the Court’s ability to keep up with changing society and find fair solutions.

But, Article 142’s use has also had limits. In 2024, the Court warned against using it too freely. It said the Court should be careful and follow rules.

These examples show the Supreme Court’s role in fixing legal gaps. They also show the need for balance between the Court’s power and following the law. This balance is key to ensuring justice is served.

YearApplication of Article 142Outcome
2017Banning liquor sales near highwaysAddressed concerns over road safety and public health
2023Dissolving marriages on grounds of irretrievable breakdownProvided equitable solutions beyond statutory constraints
2024Cautioning against automatic vacation of High Court stay ordersEmphasized judicial restraint and adherence to procedures

The recent uses of Article 142 show the Supreme Court’s ongoing efforts. They aim to balance power with restraint and follow the law. This ensures justice is fully delivered under the Indian Constitution.

Limitations and Restrictions on Article 142

Article 142 of the Indian Constitution gives the Supreme Court a lot of power. But, this power has its limits. The Court says it should only use this power when it’s really needed.

Article 142 can’t be used to ignore natural justice or the rights of those in court.

Judicial Restraint

The Supreme Court always tries to use its power wisely. In the Prem Chand Garg v. Excise Commissioner case, it said its orders can’t go against basic rights or laws. This rule has been followed in other cases too, like Union Carbide Corporation and Supreme Court Bar Association.

Statutory Compliance

The Court’s power under Article 142 is extra, but it can’t change laws. The A.B. Bhaskara Rao v. CBI case showed that Article 142 can’t skip over time limits or rules. Laws like the Commercial Courts Act, 2015, and the Insolvency and Bankruptcy Code, 2016, have their own rules that must be followed.

Over time, the Court has made it clear that its power is big, but not endless. It must balance its power with judicial restraint, statutory compliance, and the legal limitations of the Constitution.

“Article 142 is part of the basic structure of the Constitution, and no limitations can be placed on the court’s power by central or state enactments.”

Role in Environmental Justice

Article 142 of the Indian Constitution has been key in solving environmental problems. It helps ensure justice for communities hit by these issues. The Supreme Court uses it to find solutions in environmental cases.

In the 1991 Union Carbide Corporation case, the Court used Article 142. It ordered compensation for Bhopal Gas Tragedy victims. This showed the court’s power to bring environmental justice.

The Supreme Court’s use of Article 142 has led to big changes. For example, it helped clean up the Taj Mahal and fixed coal block issues. It also punished companies for breaking environmental laws.

But, using Article 142 has raised questions about fairness. The court’s decision in the Babri Masjid case has sparked debate. Some say it could be misused. To fix this, it’s suggested that Article 142 cases should go to a five-judge panel.

The government is also asked to publish a white paper on Article 142’s effects. This would help understand its use better. It could make the process more open and fair.

“The Supreme Court’s use of Article 142 has shown its power in solving environmental problems. But, we need to make sure it’s used fairly.”

In summary, Article 142 is a strong tool for environmental justice. It lets the Supreme Court make big changes and solve problems. As the court uses it, finding a balance is key to protecting the environment and serving the public interest.

Article 142 and Public Interest Litigation

Article 142 of the Indian Constitution has been key in the growth of public interest litigation (PIL). It lets the Supreme Court make any order needed for “complete justice.” This has helped the Court go beyond current laws to solve big public interest and social justice cases.

The idea of PIL started in the 1970s to help those who are less fortunate. Article 142 has helped courts be more open to hearing cases that affect many people. This change has let people and groups bring up important public issues in court.

The Supreme Court has used Article 142 in many important cases. These include the Ram Janmabhoomi-Babri Masjid land issue and helping victims of the Bhopal Gas Tragedy. The Court has also banned liquor sales near highways and allowed divorce in cases of irretrievable breakdown of marriage.

While Article 142 has been praised for its role in legal activism and social justice, some worry about its misuse. Courts have stressed the importance of using Article 142 wisely and in the public’s best interest.

In summary, Article 142 has been a vital tool for the Indian judiciary. It has helped address public interest litigation and deliver justice beyond current laws. As India faces many challenges, Article 142’s role in legal activism and social justice will be crucial.

Key FactsStatistics
Number of cases where Supreme Court mentioned “Article 142” or “complete justice”1,579 cases (1950-2023)
Number of cases where Supreme Court explicitly used powers under Article 142791 cases
Compensation ordered in Bhopal Gas Tragedy case under Article 142Over $470 million
Ban on liquor sales within 500 meters of national highways using Article 1422017

Future Implications and Legal Development

Article 142 of the Indian Constitution is changing how the law is understood. The Supreme Court is figuring out what this article really means. This will help shape the law in India, affecting how cases are handled.

Recent cases show the Supreme Court’s power to decide on divorces. Article 142 helps fix legal issues and bring finality to cases. But, there are different views on how this article should be used, showing the need for a deep understanding of its role.

As India’s laws change, Article 142’s role could grow. It might be used in areas like environmental justice and public interest cases. The balance between this article and other rights will keep being discussed.

“The interpretation and evolution of Article 142 have led to different interpretations and directions, emphasizing the court’s plenary power in administering justice.”

Understanding Article 142 will take careful thought. It involves looking at past court decisions and what society needs. The future of this article will greatly influence the legal system and the Supreme Court’s role in India.

Conclusion

Article 142 is a key tool for the Indian Supreme Court to achieve justice. It has grown from a limited use to a broader application. This change shows the Court’s role in balancing power with constitutional values.

The Court has made big decisions using Article 142. For example, it gave $470 million to Bhopal gas tragedy victims. It has also canceled coal block allocations and banned alcohol sales near highways. These actions highlight the Court’s power to solve big problems.

But, using Article 142 too much has raised concerns. It could lead to the Court having too much power. This might hurt people’s trust in the government. The Court must work to keep its actions fair and in line with the law.

FAQ

What is Article 142 of the Indian Constitution?

Article 142 of the Indian Constitution gives the Supreme Court the power to make any order needed for justice. It allows the Court to create legal rules and ensure justice is served.

What is the historical background of Article 142?

Article 142 was first called Article 118 and was adopted without much debate. It lets the Court decide what “complete justice” means. This means the Court can make orders to solve any legal issue.

What powers does the Supreme Court have under Article 142?

The Supreme Court can make any order needed for justice under Article 142. It can enforce its decisions across India. The Court can also make sure people attend, find documents, and punish contempt.

How has the interpretation of Article 142 evolved over time?

At first, the Court thought Article 142 had to follow fundamental rights. But later, in cases like Union Carbide (1991) and Supreme Court Bar Association (1998), it was decided that Article 142 can go beyond ordinary laws.

How can the Supreme Court enforce its decrees and orders under Article 142?

Article 142(1) makes the Court’s decisions enforceable everywhere in India. Parliament or the President can make rules for this. This power helps the Court get people to attend, find documents, and punish contempt.

How does Article 142 balance the Supreme Court’s powers with fundamental rights?

The Court must balance its powers with other laws to ensure justice. The interpretation has changed over time. It now allows for more action but also emphasizes caution.

How has Article 142 been applied in civil and criminal proceedings?

Article 142 has been used in both civil and criminal cases. In Delhi Judicial Service Association (1991), the Court could stop court proceedings for justice. This includes cases like court-martial and military justice.

How has Article 142 been used in marriage dissolution cases?

In 2023, the Supreme Court used Article 142 to allow divorce due to irretrievable breakdown of marriage. This change allows for no-fault divorce, but with careful consideration.

What are the limitations and restrictions on the use of Article 142?

The Court uses Article 142 carefully and only in special cases. It cannot ignore natural justice or the rights of parties. The power is to help justice but must stay within legal limits.

How has Article 142 been used in environmental and public interest cases?

Article 142 has helped in environmental cases, like the Union Carbide case (1991), by providing full remedies. It also supports public interest litigation, allowing orders for the public good, even if they break laws.

What are the future implications of Article 142 for India’s legal landscape?

The meaning of Article 142 is still evolving. Future uses will likely clarify its scope and limits. The balance between activism and restraint will continue to shape India’s laws, affecting both procedure and substance.

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