Introduction
Article 142 is a special power given to the Supreme Court of India to ensure complete justice. It allows the Court to pass any order or decree needed to fully resolve a case that is pending before it. This power helps the Court deliver justice even when existing laws are silent, unclear, or inadequate.
Why Was Article 142 Included in the Constitution?
The Constitution makers wanted to ensure that justice does not fail because of technical gaps in law. Article 142 was adopted as Draft Article 118 without much debate, showing strong trust in the Supreme Court. The aim was to empower the Court to act decisively in exceptional situations and ensure that justice is not delayed or denied due to procedural limits.
What Does the Text of Article 142 Say?
Article 142(1) states that the Supreme Court may pass any decree or order necessary to do complete justice in any case before it. Such orders are enforceable across the entire country. This means that no authority can ignore or limit these directions. Article 142(2) further gives the Court powers related to summoning people, ordering document discovery, and punishing for contempt, subject to laws made by Parliament.
How Does Article 142 Help in Delivering Complete Justice?
Article 142 gives the Supreme Court plenary and residual powers. This means the power is broad and flexible. The Court can use it to bridge legal gaps and deal with unique situations. It helps the Court go beyond strict legal rules when fairness and equity demand it. However, the Court uses this power carefully and only when ordinary laws fail to provide a just solution.
Is Article 142 Above Ordinary Laws?
Article 142 is not controlled by ordinary statutes. The Supreme Court has clarified that this power supplements existing laws rather than replaces them. In the famous Union Carbide Corporation v. Union of India case, the Court confirmed that Article 142 allows it to pass orders even if no specific law supports such action. However, the Court cannot violate fundamental rights or ignore substantive laws completely.
In What Types of Cases Can Article 142 Be Used?
The Supreme Court can use Article 142 in civil, criminal, constitutional, and even interlocutory matters. The power applies to both final judgments and interim orders. The key requirement is that the case must be pending before the Supreme Court. The Court cannot use this power arbitrarily or to cancel legally granted rights without strong justification.
How Have Courts Interpreted Article 142 Over Time?
The Supreme Court has explained the scope of Article 142 in several landmark judgments. In Supreme Court Bar Association v. Union of India (1998), the Court held that Article 142 powers are meant to ensure equity and fairness while respecting due process. In Delhi Judicial Services Association v. State of Gujarat (1991), the Court used Article 142 along with Articles 32 and 136 to quash proceedings and ensure justice.
What Are Some Recent Examples of Article 142 in Action?
In recent years, the Supreme Court has used Article 142 in high-profile matters. In 2024, the Court intervened in the Chandigarh Mayor election to correct procedural injustice. In 2025, it passed orders related to pending Tamil Nadu Governor bills. These examples show how Article 142 continues to play a role in resolving constitutional and governance issues.
Are There Any Limits on the Use of Article 142?
Yes, the Supreme Court places self-imposed limits on this power. The Court ensures that it hears all parties properly and respects the rule of law. It avoids using Article 142 in a way that creates conflict with existing legislation or constitutional principles. The Court also prefers to use this power sparingly and only in extraordinary situations.
Why Do Critics Raise Concerns About Article 142?
Some critics believe that the Supreme Court has become too active in using Article 142, especially since the 1980s. They worry that frequent use may blur the separation of powers between the judiciary and legislature. Many experts suggest that the Court should frame clear guidelines and refer important cases to Constitution Benches to maintain balance and consistency.
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Conclusion
Article 142 remains one of the most powerful tools in the Indian Constitution. It ensures that justice prevails over technicalities. While it is procedural in nature, its impact is substantial. When used wisely, Article 142 helps the Supreme Court protect fairness, uphold constitutional morality, and deliver true justice where ordinary law cannot.
