What is Supreme Court’s Jurisdiction Under Article 142?

Origin of Supreme Court’s Jurisdiction Under Article 142

• At the stage of drafting, the constitutional advisor Sir BN Rau had visited several countries and incorporated a number of constructive provisions from their constitutions into our own.
• However, the Supreme Court’s Jurisdiction Under Article 142 or provisions of Article 142 (1) are unique to the Constitution of India.
• Notably, article 142 was not debated at all by the Constituent Assembly, though two amendments were proposed, which were later withdrawn.

Supreme Court’s Jurisdiction Under Article 142:  Why in news?

• In a relief to several employees, the Supreme Court held that provisions of the Employees Pension (Amendment) Scheme 2014 to be legal and valid.
• According to this, employees who have not exercised the option to join the Employees Pension Scheme must be given a further chance of 4 months to do so.
• Therefore, the Court exercised its powers under Article 142 of the Constitution to extend the cut-off date.

What is Supreme Court’s Jurisdiction Under Article 142?

• Under Article 142 of the Indian Constitution, 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.
• The Supreme Court has very explicitly explained the operation of Article 142 and held: “The plenary powers of this court under Article 142 are inherent in the court and are complementary to those which are specifically conferred upon it by various statutes.
• It further states that the power under this article is curative in nature which cannot be construed as a power to ignore the substantive rights of a litigant.

Key Jurisdictions of the Supreme Court of India

• The Supreme Court of India has a wide power of judicial review.
• It has the jurisdiction to issue writs under Article 32 of the Constitution.
• It also has the original jurisdiction under Article 131 of the Constitution.
• It has also wide appellate power under Articles 132, 133, 134 and 136 of the Constitution.
• It has the power to “make such order as is necessary for doing complete justice in any cause or matter pending before it”, as per Article 142 of the Constitution.

Supreme Court’s Jurisdiction Under Article 142: What is complete justice?

• According to Supreme Court, the power to do complete justice is entirely of a different level and quality which cannot be restricted by the provisions of statutory law.
• This power enables the administration of justice and whenever the court sees that the demand of justice warrants the exercise of such power, it is so done by resorting to this extraordinary provision especially introduced in the Constitution.

Supreme Court’s Basic Structure Doctrine (adda247.com)

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