Article 142 in Constitution of India Lawyer Delhi SC

Article 142 in Constitution of India Lawyer Delhi SC

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 of the Constitution of India provides a unique power to the Supreme Court of India to do “complete justice” between the parties, where the law or statute may not provide a remedy. This article allows the Supreme Court to extend itself to put an end to a dispute in a manner that would fit the facts of the case, even if it means going beyond the scope of existing laws.

Article 142 has been invoked in several landmark judgments by the Supreme Court to provide relief to the parties involved, especially in cases where the existing laws were inadequate to address the issues at hand. This article plays a crucial role in ensuring that the Supreme Court can deliver justice in a comprehensive and flexible manner, making it an essential feature of the Indian Constitution.

Article 142 of the Constitution of India grants the Supreme Court of India wide-ranging powers to administer justice in various cases. Here is the text of Article 142:

“Enforcement of decrees and orders of Supreme Court and unless 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 orders 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.”

This article essentially empowers the Supreme Court to pass any decree or order necessary to deliver complete justice in any case or matter before it. This power is quite broad and allows the Supreme Court to take any action it deems fit to ensure justice. It also gives the court authority to enforce its decrees and orders throughout the territory of India.

Article 142 of the Indian Constitution empowers the Supreme Court to achieve complete justice in any case or matter pending before it. This means the court can go beyond existing laws to ensure a fair and just outcome.

Here’s a breakdown of what Article 142 entails:

Broad powers: The Supreme Court can pass any order or decree it deems necessary to deliver complete justice.
Addressing legal gaps: If existing laws lack a remedy for a specific situation, the court can devise one under this provision.
Enforcement: Orders passed under Article 142 are enforceable throughout India.

Example of Article 142 in Action

The Supreme Court has invoked Article 142 in various cases to ensure justice. For instance, it can be used to:

Direct authorities to provide compensation to victims when the law doesn’t specify it.
Grant relief in public interest cases where existing laws are inadequate.

It’s important to note that Article 142 cannot override existing laws entirely. The court’s power under this article is complementary to existing legal provisions and is meant to be used in exceptional circumstances.

Landmark Judgments of Supreme Court of India on Article 142 of Constitution of India

There have been several landmark judgments by the Supreme Court of India that have invoked Article 142 of the Constitution. Some notable cases include:

Vishaka & Others vs State of Rajasthan & Others (1997): In this case, the Supreme Court invoked Article 142 to lay down guidelines against sexual harassment at the workplace, known as the Vishaka Guidelines.
Maneka Gandhi vs Union of India (1978): The Supreme Court used Article 142 to expand the scope of the right to life and personal liberty under Article 21 of the Constitution.
Union Carbide Corporation vs Union of India (1989): The Supreme Court invoked Article 142 to provide relief to the victims of the Bhopal gas tragedy, directing the Union Carbide Corporation to pay compensation.
Coal Block Allocation Case (2014): In this case, the Supreme Court used Article 142 to cancel 214 coal block allocations, citing corruption and illegality.
Olga Tellis vs Bombay Municipal Corporation (1985): The Supreme Court invoked Article 142 to provide a right to livelihood for the pavement dwellers in Mumbai.

These judgments have played a crucial role in expanding the scope of Article 142 and using it as a tool to provide complete justice to the parties involved.

Several landmark judgments by the Supreme Court of India have clarified and expanded the scope of Article 142 of the Constitution of India. Here are a few notable ones:

Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal: This case established that the powers under Article 142 are not limited by any specific statutory provision but are in addition to them. The Court can exercise these powers to do complete justice between the parties.
Vineet Narain v. Union of India: In this case, the Supreme Court held that its powers under Article 142 can be used to pass orders for the investigation of offenses and punishment for contempt, even when such powers are not explicitly provided in any statute.
Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors.: The Supreme Court, in this case, reiterated that Article 142 should be used sparingly and only in exceptional cases to supplement existing laws and not as a substitute for them.
Ashok Hurra v. Rupa Bipin Zaveri: This judgment clarified that the power under Article 142 cannot be exercised to override the substantive rights of parties, but it can be used to enforce procedural fairness and to prevent abuse of process.
Sarika vs. Administrator, Employees State Insurance Corporation: The Supreme Court emphasized in this case that the power under Article 142 is not to be used to create new substantive rights but to enforce existing ones.
Subrata Roy Sahara v. Union of India: In this high-profile case, the Supreme Court utilized its powers under Article 142 to secure the release of funds to refund investors and depositors of Sahara India Real Estate Corporation Ltd.

These judgments illustrate how the Supreme Court has interpreted and applied Article 142 over the years to deliver justice and maintain the rule of law in India.

The Supreme Court of India has delivered several landmark judgments interpreting and applying Article 142. Here are two prominent examples:

Sheela Barse vs. Union of India (2000): This case involved a challenge to the constitutional validity of the National Thermal Power Corporation (NPTC) Act, 1978. The Court ruled that while the Act itself did not provide for compensation to retrenched employees, it could use its powers under Article 142 to direct NPTC to pay fair compensation
Vishaka & Ors vs. State of Rajasthan & Ors (1997): In this landmark case, the Supreme Court, in the absence of a specific law to address sexual harassment at the workplace, formulated guidelines based on international conventions and judicial pronouncements to protect women from sexual harassment at work. This judgment is a prime example of how Article 142 can be used to address gaps in existing legal frameworks.

These judgments highlight the significant role Article 142 plays in ensuring complete justice in situations where existing laws fall short. It empowers the Supreme Court to be innovative and adaptable in tackling unforeseen issues and protecting fundamental rights.

It’s important to remember that Article 142 is a discretionary power and is invoked in exceptional circumstances. The Court balances its power under this provision with the need to uphold the rule of law and maintain consistency in legal principles.