ARTICLE 142 OF INDIAN CONSTITUTION
WHAT IS ARTICLE 142 OF THE INDIAN CONSTITUTION :- The India Judiciary and also the constitution of India believe that each national of India should get “complete justice”. The Constitution of India underneath the Article 142 grants the ability to the Supreme Court for passing any decree to try and do “complete justice”. However, since the past few years, the same Article 142 has become a huge a part of the Supreme Court that is invoked many times to choose the case and to try and do the “complete justice”. Further, there’s no specific guideline or rule provided by the law that explains once, wherever and underneath that circumstances the Apex Court will invoke the same article to try and do “complete justice”. To higher perceive Article 142, firstly, we are going to get to scan the definition that is given as below. Social control of decrees and orders of Supreme Court and unless on discovery, etc. The Supreme Court within the exercise of its jurisdiction might pass such decree or create such order as it is critical for doing complete justice in any cause or matter unfinished before it, and any decree thus passed or orders therefore created shall be enforceable throughout the territory of India in such manner as could also be prescribed by or underneath any law created by Parliament and, till provision in this behalf is thus created, in such manner because the President might be order impose.
EXPLAINATON FOR CREATING ARTICLE 142 IN INDIAN CONSTITUTION:- Article 142 permits the Supreme Court to pass any order necessary to try and do “complete justice” in any case. “The Supreme Court within the exercise of its jurisdiction might pass such decree or build such order as it is critical for doing complete justice in any cause or matter unfinished before it.” This isn’t, however, the primary major case wherever the Supreme Court has invoked this constitutional provision in reality, it had been utilized in the Babri mosque demolition case against prime BJP leaders L.K. Advani and Murli Manohar Joshi in addition, to transfer the criminal trial from Rae Bareli to Lucknow. In its 2017 judgment, the court noted that the case had been unfinished for 25 years, and known as it an “evasion of justice. It is in these things that the court has got to play a job of an intermediator instead of a standard adjudicator and make sure that complete justice is completed.
The innovation Fathers of the Constitution, cognizant of the realities of life, with wisdom engrafted rights, duties and sensible procedures within the nation’s Constitution for a democratic approach of life. Whereas Chapters handling the rights and liabilities are enclosed, the drafting committee additionally engrained chapters on their enforceability by as well as establishments of Union and State judiciary among the Constitution itself. Articles 32, 136, 142, 226, etc. of the Constitution strengthen the needs of impartation complete justice. These provisions are a part of discretionary jurisdiction of the courts and have typically been invoked in matters requiring the court to intervene and make sure that rights and entitlements of persons are punctually protected. Of these, Articles 136 and 142 are a lot of necessary and sometimes go along. Article 136 provides a discretion to the Supreme Court to grant a special leave to attractiveness against any judgment, decree, determination, sentence or order of a court. Such right to attractiveness isn’t associate automatic right and provided that the Court is of the opinion that the matter is like needs the interference by the apex court is that the leave granted.
POWER OF SUPREME COURT UNDER ARTICLE 142:- Article 142 confers comprehensive powers on the Supreme Court that empowers it to pass such decree or build such order, within the exercise of its jurisdiction, as it is critical for doing complete justice in any cause or matter unfinished before it and people decrees or orders shall be enforceable throughout the country in such manner as is also prescribed by or below any law created by the Parliament. This suggests that the Supreme Court will act, below Article 142, in such matters, wherever there’s some manifest unlawfulness or wherever some palpable injustice has resulted and also the grant of relief is on the far side the parameters of the jurisprudence. It additionally encompasses an influence of equity that is utilized once the strict application of the law is insufficient to provide a simple outcome.
The stress of justice need a detailed attention not only to positive law however additionally to the silences of positive law to seek out inside its interstices, an answer that’s just and simply. The legal enterprise is premised on the applying of usually worded laws to the specifics of a case before courts. Even wherever positive law is obvious, the deliberately wide amplitude of the ability below Article 142 empowers a court to pass associate order that accords with justice because it is that the foundation that brings home the aim of any legal enterprise and on that the legitimacy of the rule of law rests. The just power below Article 142 brings to for the intersection between the final and specific. Courts might realize themselves in things wherever the silences of the law have to be compelled to be infused with which means or the rigors of its rough edges have to be compelled to be softened for law to retain its humane and compassionate face.
ADVANTAGES:- Judiciary has used the powers beneath 142 for upholding citizens’ rights and implementing constitutional principles once the chief and assembly fails to try to therefore. Because the guardian of the constitution Article 142 provides its power to fill the statutory vacuum. It conjointly sets out a system of check and balance and controls to the opposite branches of the govt. For example:
- In Vishakha v State of Rajasthan case, Supreme Court set down the rules to guard a lady from harassment at its workplace
- Bandhua Mukti Morcha Case the Hon’ble Court gave its landmark judgment on warranted labour system of Asian country
- In Olga Tellis Case wherever Right to living was declared half and parcel of the proper to life.
DISADVANTAGES:- UNACCOUNTABILITY: one amongst the demerits of the powers of the Supreme Court below Article 142, is that in contrast to the manager and assembly, it can not be command in command of its choices.
- For example in one amongst the verdicts, the apex court prohibited e-rickshaws in bound components of urban center while not creating provisions for different employment. However, it can not be command in command of violating the basic right to hold on any occupation or trade.
- In the coal block allocation case, The Supreme Court didn’t hear people and their specific facts, however solely their associations were detected.
JUDICIAL UNDER-REACH: the matter of judicial under-reach arises wherever courts shirk its responsibilities, despite having the jurisdiction, leading to injustice.
- Like majority of the petitions/appeals filed before the Supreme Court below Article 136 of the Constitution of India are fired, however its judges aren’t susceptible to justify the explanations for such dismissal.
- Repeated interventions of courts will diminish the religion of the folks within the integrity, quality, and potency of the govt.
CRITICAL ANALYSIS:- The above-named judgments are some necessary judgments whereby the Supreme Court invoked Article 142 however the list doesn’t finish here. There are many judgments within the queue. After we bear these many judgments, we discover that the Supreme Court tried to clarify the phrase ‘complete justice’ however it’s still blurred. In some judgments, it’s mentioned that it may be used once the law of statutes is silent.
However, if we have a tendency to analyse judgments on the utilization of Article 142 it feels like it’s accustomed fill the lacuna of the law. After we bear the judgment on the ban on the sale of liquor close to national and state highways, we discover that the said judgment has affected several hotels, bars, restaurants and liquors outlets that resulted within the state of lakhs of individuals. Also, within the coal block case while not hearing allottees, the apex court obligatory an enormous penalty on the owner/allottees of coal blocks. It shows that whereas giving “complete justice” the Apex court neglected the basic rights of a personal.
The proposition that a provision in any normal law regardless of the importance of the general public policy on that it’s supported, operates to limit the powers of the Supreme Court beneath Article 142(1) is unsound and incorrect. Perhaps, the correct manner of expressing the concept is that in exertion powers beneath Article 142 and in assessing the requirements of ‘complete justice’ of a cause or matter, the Supreme Court can note of the categorical prohibitions in any substantive statutory provision supported some basic principles of public policy and regulate the exercise of its power and discretion consequently.
REFENCE CASE:- M SIDDIQ (D) THR LRS V. MAHANT SURESH DAS & ORS
POWER OF ARTICLE 142:- “The Supreme Court within the exercise of its jurisdiction could pass such decree or build such order as it is important for doing complete justice in any cause or matter unfinished before it, and any decree thus passed or order thus created shall be enforceable throughout the territory of Asian nation in such manner as could also be prescribed by or below any law created by Parliament and, till provision therein behalf is thus created, in such manner because the President could by order prescribe”.
The Supreme Court within the exercise of its jurisdiction could pass such decree or build such order as it is important for doing complete justice in any cause or matter unfinished before it, and any decree thus passed or orders thus created shall be enforceable throughout the territory of Asian nation in such manner as could also be prescribed by or below any law created by Parliament and, till provision therein behalf is thus created, in such manner because the President could by order bring down. Subject to the provisions of any law created during this behalf by Parliament, the Supreme Court shall, as respects the full of the territory of Asian nation, have all and each power to create any order for the aim of securing the group action of any individual, the invention or production of any documents, or the investigation or penalty of any contempt of itself.”
CONCLUSION:-The scope of Article 142 has usually return up for discussion before the Supreme Court and has received varied interpretations over the years. Starting with Prem Chand case14 whereby the Supreme Court restrained its powers and command that it cannot pass any order underneath Article 142 that violates a categorical statutory provision to, V.C. Mishra, In re case19, whereby the Court command that Article 142 being a constitutional power can’t be restricted by any statutory provision to finally the position ordered down in Supreme Court Bar Association case20 whereby the Court type of in harmony the 2 extremes and command that even supposing statutory provisions cannot act as a limitation on the Court’s constitutional power underneath Article 142, the powers don’t seem to be meant to be exercised wherever such provisions exist. Thus, there’s a necessity to strike a balance between 3 pillars of presidency while not invasive on every other’s space.
The powers underneath Article 142 being curative in nature can’t be construed as powers that authorize the court to assume the role of govt or assembly. Within the Bar association of Supreme court vs. The Union of Bharat Case Supreme Court itself command that the ability to try to complete justice underneath Article 142 is in a very means, corrective power, which provides preference to equity over law however it can’t be wont to violate substantial rights. t is true that Article 142 has been invoked for the aim of doing complete justice at massive scale to the various section of the population. But, the judgments gone the Apex Court have created a great deal of confusion and there’s no clarity on invoking Article 142.
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