Article 142 of the Indian Constitution
In recent headlines, Article 142 of the Indian Constitution has sparked intense debate, particularly after the Vice-President referred to it as a “nuclear missile against democratic forces.” This comment was made in the context of the Supreme Court’s intervention in the Tamil Nadu Governor’s case, raising critical questions about the scope, power, and limitations of this constitutional provision.
What is Article 142?
Article 142(1) states that the Supreme Court may pass any decree or order necessary for doing “complete justice” in any case pending before it. This power is discretionary and is unique to the apex court of the country.
The term “complete justice” is not clearly defined, which allows the Court flexibility to bridge legal gaps, protect constitutional values, and ensure that justice is served beyond mere technicalities.
Purpose and Significance
The provision was intentionally included by the framers of the Constitution—particularly Dr. B.R. Ambedkar — to empower the Supreme Court to act when legislative or executive mechanisms fall short.
Over the past five decades, Article 142 has evolved into a vital legal tool used in matters of:
- Public interest litigation
- Human rights violations
- Environmental issues
- Social justice
- Breakdowns in constitutional machinery
This Article plays a key role in upholding the basic structure of the Constitution and ensures that fundamental rights and social justice are not compromised due to statutory limitations.
Why is it Controversial?
While Article 142 strengthens democracy, its undefined scope and broad discretionary powers have led to criticism:
- It may lead to judicial overreach and disturb the separation of powers among the legislature, executive, and judiciary.
- The absence of strict boundaries on what constitutes “complete justice” can result in inconsistencies and unpredictability.
- It raises concerns under the basic structure doctrine, especially when used to override existing laws, even if temporarily.
Recent Use: Tamil Nadu Governor Case
In the Tamil Nadu Governor case, the Supreme Court invoked Article 142 to address a prolonged delay in assenting to bills passed by the state legislature. This move, though aimed at resolving a constitutional deadlock, triggered concerns about the Supreme Court stepping into the legislative domain, hence the Vice-President’s strong remarks.
Conclusion
Article 142 is undoubtedly a powerful constitutional tool meant to ensure that justice prevails even when legal provisions fall short. However, its use must be balanced, cautious, and principled. As debates continue, the question remains: How far should judicial power go to ensure justice without disrupting the democratic balance?
Quick FAQs
Q1: What is Article 142?
Ans: It empowers the Supreme Court to pass any order needed for “complete justice” in pending cases.
Q2: Can Article 142 override laws?
Ans: Yes, but only temporarily and only for doing justice in specific cases. It cannot permanently change the law.
Q3: Is Article 142 unique?
Ans: Yes, it’s a unique and extraordinary power that exists only with the Supreme Court of India.
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