- The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
- Enables the Supreme Court to exercise executive and legislative functions in specific scenarios, including issuing guidelines, directives, or orders to governmental bodies or other authorities.
- Permits the Supreme Court to intervene in matters concerning public interest, human rights, constitutional values, or fundamental rights, safeguarding them against any form of violation or infringement.
- Elevates the Supreme Court’s role as the protector of the constitution and ultimate interpreter of the law, serving as a catalyst for judicial activism and innovation.
Positive Impacts of Article 142
- Address urgent issue with legislative vacuum: Proactive approach enables courts to provide remedies and resolutions in cases where absence of legislation can hinder the delivery of swift justice and lead to irreparable harm.
- In Bhanwari Devi and Ors. vs State of Rajasthan (2002), the SC provided “the Vishaka Guidelines” to address workplace sexual harassment, eventually resulting in “the Prevention of Sexual Harassment Act, 2013″.
- Cleaning of Taj Mahal, Release of undertrials, and the Union Carbide case are few more examples of judicious use of article 142.
- Strengthen Democracy: It protects the rights of minorities and ensures that all voices are heard and respected within the democratic process.
- K.S. Puttaswamy (Privacy) vs. Union of India (2017) established guidelines for safeguarding individual privacy.
- Provides Checks and Balances: It serves as a crucial check on government branches, preventing overreach and protecting citizens.
- In 2014, the SC canceled all but four of the 218 coal block allocations deemed illegal and arbitrary.
- Civil rights and social justice: By addressing issues overlooked or avoided by the legislative and executive branches.
- In Vineeta Sharma vs. Rakesh Sharma & Ors. (2020) SCaddressed conflicting judgments on daughters’ coparcenary rights under Hindu Succession Act.
- Promotes equality: By challenging discriminatory laws and practices, ensuring equal protection under the law irrespective of race, gender, sexual orientation, or other characteristics.
- In The Secretary, Ministry of Defense vs. Babita Puniya case SC granted permanent commission to women officers in the Indian Army.
Issues with Article 142
- Subjectivity in the definition: While using article 142, court has wide discretion, and this allows the possibility of its arbitrary exercise or misuse due to the absence of a standard definition for the term “complete justice”.
- Defining “complete justice” is a subjective exercise that differs in its interpretation from case to case.
- Blurs the Lines Between Branches: Judicial activism may sometimes blur boundaries between judiciary and legislature, causing confusion in roles, leading to jurisdictional conflicts.
- S.R. Bommai vs. Union of India (1994): The SC’s intervention in Karnataka’s political crisis with a floor test blurred judiciary-executive lines, sparking concerns of overreach.
- Unaccountability: Article 142 grants the judiciary, unlike the executive and legislative branches, immunity from easy scrutiny or challenge for its decisions.
- The power has also been criticised on grounds of the separation of powers doctrine.
- Lack of Consistency: Inconsistent legal rulings under Article 142 complicate litigation planning and operations for individuals and businesses.
PYQ’S
Q. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
[A] The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
[B] The Supreme Court of India is not constrained by laws made by the Parliament in the exercise of its powers for ensuring ‘complete justice’.
[C] In the event of the grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
[D] State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature
Answer: B
Notes:
Exp) Option b is the correct answer
Article 142 (1) states that “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice”. From time-to-time, the Supreme court takes executive and legislative decisions through deriving her power under Article 142. To ensure complete justice Supreme court has done Activism and took decisions on executive and legislative matters.