Article 142 in Constitution of India: 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc
Article 142 in Constitution of India
142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc
(1) 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, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
Article 142 in Constitution of India: 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc
Article 142 of the Constitution of India is a unique and powerful provision that empowers the Supreme Court to pass any decree or make any order necessary for doing “complete justice” in any cause or matter pending before it. It is found in Part V, Chapter IV of the Constitution and consists of two clauses:
Text and Meaning of Article 142
Article 142(1): The Supreme Court may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. Any decree or order passed under this clause is enforceable throughout the territory of India in such manner as may be prescribed by Parliament or, until such law is made, as the President may direct.
Article 142(2): Subject to any law made by Parliament, the Supreme Court has the power to make any order to secure the attendance of any person, discovery or production of documents, or the investigation or punishment of contempt of itself across the whole territory of India.
Scope and Purpose
Article 142 confers on the Supreme Court what is often called its “plenary power” or “inherent power” to ensure complete justice. This power allows the Court to:
Fill legislative gaps or lacunae where existing laws are insufficient or absent.
Pass orders that may deviate from procedural or substantive laws if necessary to achieve justice.
Exercise executive and legislative functions in extraordinary cases, including issuing directives or guidelines to government bodies.
Enforce its decrees and orders uniformly across India.
The provision is designed to enable the Supreme Court to act decisively and flexibly in complex or exceptional cases where strict adherence to existing laws would result in injustice.
Judicial Interpretation and Use
The Supreme Court has used Article 142 primarily for two purposes:
To do complete justice in individual cases.
To address legislative gaps or voids where Parliament has not legislated adequately.
The Court has ruled that while exercising Article 142 powers, it can depart from procedural laws and substantive laws if it is in the interest of public policy and justice.
However, the Court cannot use Article 142 to override constitutional provisions, violate substantive rights of non-parties, or defeat principles of natural justice. Judicial restraint is advised to prevent overreach.
Landmark cases where Article 142 was invoked include:
The Bhopal Gas Tragedy settlement enforcement.
Dissolution of marriage on grounds of irretrievable breakdown.
Issuance of the Vishaka Guidelines on sexual harassment at the workplace.
Quashing of criminal proceedings to ensure justice.
The Supreme Court has emphasized that Article 142 powers are discretionary and must be exercised judiciously, preserving the balance between equity and law.
Enforcement and Powers under Article 142(2)
The Supreme Court can issue orders to secure attendance of witnesses, production of documents, and punish contempt of court anywhere in India.
These powers ensure that the Court’s decrees and orders are effectively enforceable nationwide.
Criticism and Calls for Restraint
The broad and undefined nature of “complete justice” has led to concerns about potential judicial overreach.
Some political leaders and commentators have criticized the frequent use of Article 142, describing it as a “nuclear missile” that can override democratic processes.
Experts call for judicial restraint and clearer guidelines to govern the use of this expansive power.
Article 142 of the Constitution of India empowers the Supreme Court to pass any order or decree necessary to do complete justice in any case before it, and to enforce such orders throughout India. It serves as a constitutional tool to bridge legislative gaps and ensure justice beyond the constraints of existing laws, while being subject to constitutional limits and principles of natural justice. This power is a cornerstone of the Supreme Court’s role as the ultimate guardian of justice and the Constitution.
Article 142 in Constitution of India: 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc
Article 142 of the Constitution of India empowers the Supreme Court to pass orders or decrees necessary to do complete justice in any case before it. It is a significant provision that gives the apex court wide-ranging powers to ensure justice is served even beyond the limitations of existing laws.
Text of Article 142 – Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Clause (1): 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, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament, and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
Clause (2): Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
“Complete Justice” Power: This Article is often invoked in complex cases where existing legal provisions fall short, allowing the court to ensure fairness and equity.
Overriding Technicalities: The Supreme Court can bypass procedural technicalities if necessary to render justice.
Wide Applicability: Orders passed under Article 142 apply across India and can override conflicting laws temporarily to ensure justice.
