Article 142
Article 142 of the Indian Constitution grants special powers to the Supreme Court of India in the exercise of its jurisdiction. The first paragraph of Article 142 states that the Supreme Court, in the exercise of its jurisdiction, may pass any decree, order, or judgment necessary for doing complete justice in any cause or matter pending before it.
This means that the Supreme Court has the power to take any action that is necessary to provide complete justice in a case, even if it is not explicitly authorized by law or procedure. The court’s power under Article 142 is discretionary and can be exercised sparingly and cautiously.
Article 142 of the Indian Constitution is a provision that grants special powers to the Supreme Court of India in the exercise of its jurisdiction. The article gives the Supreme Court the power to pass any decree, order, or judgment necessary for doing complete justice in any cause or matter pending before it.
The first paragraph of Article 142 states that the Supreme Court, in the exercise of its jurisdiction, may pass any order or decree that is necessary for providing complete justice in a case, even if such an order is not within the scope of the existing laws or procedures. This means that the court can use its discretion to take any action it deems fit to ensure that justice is served in a case.
The power conferred by Article 142 is discretionary and must be exercised with caution and circumspection. The court must ensure that it does not overstep its jurisdiction or violate any fundamental rights while using its powers under this provision.
The history of Article 142 of the Indian Constitution can be traced back to the Constituent Assembly debates. The framers of the Constitution recognized the need for the judiciary to have certain discretionary powers to ensure justice in cases where the existing laws or procedures were inadequate.
The original draft of the Constitution did not contain any provision similar to Article 142. However, during the debates, Dr. B.R. Ambedkar proposed an amendment to include a provision that would give the Supreme Court the power to pass any order necessary for doing complete justice in any cause or matter pending before it.
The proposal was accepted and Article 142 was added to the Constitution. The provision was modeled on a similar provision in the Government of India Act, of 1935, which granted similar powers to the Federal Court of India.
Over the years, the Supreme Court has used its powers under Article 142 to provide relief in cases where the existing laws or procedures were inadequate. The court has used this provision to grant compensation, order investigations, and even issue directions to government authorities.
However, the court has also been cautious in its use of this power, recognizing that it must be used sparingly and only in cases where it is necessary to provide complete justice.
Overall, Article 142 plays a crucial role in ensuring that justice is done in cases where existing laws or procedures are inadequate, and its discretionary powers allow the Supreme Court to address any gaps or inconsistencies in the law.
Article 142 is a provision in the Indian Constitution that gives the Supreme Court of India discretionary powers to pass any order necessary to provide complete justice in a case, even if such an order is not within the scope of existing laws or procedures.
The advantages of Article 142 include empowering the Supreme Court to pass orders tailored to the specific facts of a case, reducing the burden on the legal system, ensuring justice is served in cases where existing laws or procedures are inadequate and giving the court the power to issue directions to government authorities to implement its orders.
The disadvantages of Article 142 include the potential for misuse or abuse of discretionary powers, the risk of overstepping jurisdiction or violating fundamental rights, inconsistent or unpredictable outcomes, erosion of separation of powers, undermining the rule of law, and potential for judicial activism.
Article 142 is used sparingly and only in cases where it is necessary to provide complete justice. The Supreme Court has recognized that it must use this provision judiciously.
The Supreme Court has the power to interpret and apply the Constitution, including Article 142. However, like any other provision of the Constitution, it can be challenged in court on the grounds of violating fundamental rights or constitutional principles.
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