Article 142: Supreme Court’s power to deliver complete justice

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Introduction

The Constituent Assembly enacted Article 142 on May 27, 1949, and gave the country’s highest Court (Supreme Court) plenary power to ensure the secured administration of justice. Article 142 of the Indian Constitution grants extensive power to the Supreme Court that prioritizes equity over law and ensures ‘complete justice’ in the exercise of the jurisdiction. According to the definition mentioned in the Constitution of India, Article 142 is “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 means that the Constitution of India provides capacious and wide power to the Supreme Court to pass any order for delivering complete justice in any matter pending before it. It can also be said that the provisions under Article 142 of the Constitution of India allow the Supreme Court to deliver justice in exceptional cases where existing provisions or laws are not applicable. 

Purpose of granting powers under Article 142 to the Supreme Court

The primary motive to grant the Supreme Court such power under Article 142 is to do complete justice in any matter pending before the Court or areas where statutory legislations are not able to give an appropriate decision. Article 142 of the Indian Constitution also illustrates that “the top Court must not be obliged to depend on the executive for the enforcement of its decrees and orders. Such dependence would violate the principles of independence of the judiciary and separation of powers, both of which were held to constitute the basic structure of the Constitution. The interpretation of complete justice by the Apex Court has given it a different dimension which was not intended by the founding fathers.” As the main aim of this Article is to provide complete justice, The Supreme Court in the University of Kerala vs. Council, Principles Colleges, Kerala, judgment said that the conferment of judicial power under Articles 141, 142, 32, and 226 have been very wide and plenary. It enables the top Court to introduce or declare an adequate law and provision that helps in binding all the territories and courts of India. The Top Court also mentioned that such a power is provided under Article 142 of the Constitution of India ensuring complete justice.

Powers of the Supreme Court under Article 142

• Plenary power: Article 142 of the Constitution of India grants plenary powers to the Supreme Court which empowers it to make such order or pass such decree as is necessary for doing complete justice for any matter or cause pending before the Supreme Court. Plenary power is an absolute power to enact laws on a particular issue without any limitation. The passed decree or order by the top Court under Article 142 is enforceable throughout the country as prescribed under any law made by the Parliament. 
• Power of equity: Article 142 encompasses a power of equity, employed when the strict application of the law is inappropriate to produce an outcome. The provision ensures that complete justice is provided and promotes equity as well as fairness. It helps in harmonizing conflicting interests by ensuring a balance between individual rights and societal interests. It is a unique power that allows the Supreme Court to do complete justice between the parties at times when the statute or law may not provide a remedy.
• Intentionally Broad Scope: Article 142 has a deliberately wide amplitude/ intentionally broad scope of power that allows “a court to as an order which accords with justice as it is the foundation which brings home the purpose of any legal enterprise and on which the legitimacy of the rule of law rests.”

The extra-ordinary jurisdiction under Article 142 is broadly exercised in two situations by the Supreme Court either to dispose of ‘complete justice’ or fill the ‘legislative gaps’. Some of the instances where this plenary power was invoked by the Supreme Court are mentioned as follows:

• Bhopal Gas Tragedy

Union Carbide Corporation vs. Union of India: In this case, a gas leak took place due to poor maintenance of gas chambers in Bhopal at Union Carbide Corporation leading to the death of thousands of people. Huge loss of property and human life was observed and the case was mentioned before the top Court for providing relief to the families of the victims. During the proceedings of this case, the Supreme Court placed itself above the Parliament and legislatures and overridden the laws made by the Parliament to do complete justice.  

• Manipur Speaker Case

Keisham Meghachandra Singh vs. Hon’ble Speaker, Manipur Legislative Assembly: This case was regarding the 11th Legislative Assembly election that was conducted and produced an inconclusive result because none of the political parties were able to secure a majority in the Legislative Assembly for forming a government. In this case, Mr. Shyamkumar Singh was elected as a Congress Party candidate, he approached the Governor of State with BJP members, after the declaration of results, seeking to form a BJP-led government. A total of 13 disqualification petitions were found against him which were pending before the Manipur Legislative Assembly Speaker. The matter was mentioned before the Supreme Court, where it exercised an extraordinary power and restricted Mr. Shyamkumar Singh from entering the State Assembly as well as ceased him to be the Minister under the provisions of Article 142 of the Indian Constitution. 

• Divorce on the Ground of Irretrievable Breakdown of Marriage

Munish Kakkar vs. Nidhi Kakkar: The Supreme Court found this case fit for the application of Article 142 as the matter was pending in court for two decades. The top Court decided that the marriage between the parties was ‘emotionally dead’ hence there was no point in convincing them to live together. The Supreme Court ordered the appellant to pay a sum of Rs. 25 lacs to the respondent and also directed the respondent to withdraw the maintenance petition after the withdrawal of the said amount