Article 142

22.02.2024

Article 142 , Daily Current Affairs , RACE IAS : Best IAS Coaching in Lucknow 

Why in the news?

In overturning the results of the January 30 elections for the post of Mayor of the Chandigarh Municipal Corporation, the Supreme Court invoked the powers conferred on the court under Article 142 of the Constitution.

Key Point

• The powers under Article 142 are extraordinary in nature and the apex court has defined its scope and extent through its judgments over time.

About Article 142

• It provides discretionary power to the Supreme Court as it 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 in any cause or matter pending before it.
• Subsection 1 of Article 142 provides a unique power to the Supreme Court, to do complete justice between the parties.
• According to some eminent jurists, natural justice is above law, and the Supreme Court shall have full right to pass any order that it considers just.
• Therefore, the Supreme Court shall exercise these powers and will not be deterred from doing justice by the provision of any rule or law, executive practice or executive circular or regulation etc.
• The framers of the Constitution felt that this provision is of utmost significance to those people who have to suffer due to the delay in getting their necessary reliefs due to the disadvantaged position of the judicial system.

Significance of Article 142:-

• Prevents Injustice: It provides a special and extraordinary power to the Supreme Court to do complete justice to the litigants who have suffered traversed illegality or injustice in the proceedings.
• Uphold citizen’s rights: Article 142 has been invoked for the purpose of protecting the rights of the different sections of the population.
• Check on Government: Works as a system of checks and balances with the Government or Legislature.

Cases where the Supreme Court has invoked its plenary powers under Article 142:-

• Manohar Lal Sharma v. Principal Secretary(2014): The Supreme Court can deal with exceptional circumstances interfering with the larger interest of the public in order to fabricate trust in the rule of law.
• R. Antulay v. R.S. Nayak(1988): The Supreme Court held that any discretion which is given by the court should not be arbitrary or in any way be inconsistent with provisions of any statute laid down.
• Union Carbide Corporation v. Union of India (1989): In Bhopal Gas Tragedy Case, the court ordered the award of compensation to the victims and placed itself in a position above the Parliamentary laws.

                                                 Source: Indian Express