"Article 142 Powers: Limited or Absolute?"
What is Article 142?
- Article 142 refers to a provision of the Constitution of India that empowers the Supreme Court of India to pass any order necessary for doing complete justice in any case or matter pending before it. This article gives the Supreme Court wide-ranging powers to issue any order or direction it deems necessary to enforce its judgments or orders and prevent legal abuse.
- The scope of Article 142 is vast, allowing the Supreme Court to take any action that may not be within the scope of any existing law or statute to ensure that justice is done. The court can also pass orders to fill in any gaps in existing laws or statutes or to provide relief where none is available under existing laws.
What is complete justice?
- "Complete justice" is a term used in Article 142 of the Indian Constitution. It empowers the Supreme Court of India to pass any order necessary for complete justice in any pending case or matter.
- The concept of complete justice refers to the idea that justice should not only be done but should also be seen to be done and that the outcome of any legal proceeding should be fair and equitable to all parties involved.
- In practice, the idea of complete justice is a broad and flexible concept that allows the Supreme Court to take into account all relevant factors in a case, including the interests of all parties, the public interest, and any other factors that may be relevant to ensuring a just and equitable outcome.
- Complete justice aims to ensure that the legal system is fair and just for all and that individuals can obtain redress for their grievances without undue delay or injustice.
Is Article 142 provide absolute power to the Supreme Court?
- No, the power provided to the SCt under Article 142 of the Indian Constitution is not absolute. While Article 142 gives the court wide-ranging capabilities to pass any order necessary for doing complete justice in any case or matter pending before it, these powers still need to be checked.
- The SC must exercise its powers under Article 142 by established legal principles and cannot act arbitrarily or without reason. It must also ensure that its orders do not violate any fundamental rights or regulations of natural justice.
- Additionally, the Supreme Court is not above the Constitution and must always act within the boundaries set by the Constitution and other laws. The court must also consider the impact of its orders on different branches of government and society as a whole.
- Therefore, while Article 142 provides the Supreme Court with significant powers, these powers are subject to essential checks and balances to ensure that they are exercised justly and equitably.
Cases in which the Supreme Court uses Article 142 power to give complete justice:
The Supreme Court of India has used its powers under Article 142 in several cases to provide complete justice. Some of the notable instances in which the Supreme Court has used Article 142 to pass orders for doing complete justice are:
- M.C. Mehta v. Union of India (1987): In this case, the Supreme Court used Article 142 to order the closure of Delhi-related industries causing pollution. The court held that the FR to the life of the citizens of Delhi was being violated due to the pollution caused by the industries and ordered their closure.
- Vishaka v. State of Rajasthan (1997): In this case, the Supreme Court used Article 142 to lay down guidelines to prevent sexual harassment of women in the workplace. The court held that the FR for women's equality was being violated due to the absence of any specific legislation on the issue and ordered the implementation of the guidelines.
- Shayara Bano v. Union of India (2017): In this case, the Supreme Court used Article 142 to declare instant triple talaq (talaq-e-bidder) unconstitutional and illegal. The court held that the practice was arbitrary and violated the fundamental rights of Muslim women and ordered the government to introduce appropriate legislation.
- Nirbhaya Gang Rape Case (2017): In this case, the Supreme Court used Article 142 to confirm the death sentence of the convicts in the brutal gang rape and murder of a young woman in Delhi. The court held that the case fell within the "rarest of rare" category and ordered the execution of the convicts.
- State of Karnataka v. Union of India (2018): In this case, the Supreme Court used Article 142 to pass an order to release Cauvery River water to Tamil Nadu. The SC held that the dispute between the two states over sharing the river water was causing hardship to the people of Tamil Nadu and ordered the release of the water.
- Common Cause (A Regd. Society) v. Union of India (2018): In this case, the Supreme Court used Article 142 to pass an order allowing passive euthanasia and living wills. The court held that the fundamental right to live with dignity includes the right to die with dignity and ordered the implementation of guidelines.
These are just a few examples of cases where the Supreme Court has used Article 142 to provide complete justice. The court has used its powers under this article in various other cases to ensure justice is done to all parties involved.
However, it is important to note that the powers of the SC under Article 142 are not absolute and must be exercised judiciously and in accordance with established legal principles. The court must also ensure that its orders do not violate any fundamental rights or principles of natural justice.
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