We have unfettered powers under Article 142 to render substantive justice: Supreme Court
Many a times, there comes a situation over which earlier to that no one has paid heed into. No one has thought that anything of such nature can also come into picture and we should have done something about the same in advance.
For e.g. the recent flood of Chennai. No one had ever thought that a metropolitan city like Chennai can also face situation like this. This happened because earlier to this, none paid attention to subject matters like development of properly planned infrastructure.
To avoid the situations like above, the framers of the Indian Constitution inserted article 141 and 142. They were of the view that for once and all there comes a situation when issues can’t be dealt with any existing law and would be of such nature that ignoring the same will amount to great injustice. In those circumstances, the man shall not be left with his scars feeling pity on him. Rather, there should be a mechanism which shall immediately come up to rescue him and shall provide a shelter of justice.
There have been various instances where the Hon’ble Supreme Court of India has stood up to this thought process. Be it the case of Vishakha v State of Rajasthan where the Hon’ble Supreme Court laid down the guidelines to protect a woman from sexual harassment at its workplace or be it Bandhua Mukti Morcha Case where the Hon’ble Court gave its landmark judgment on bonded labour system of India or be it the Olga Tellis Case where the Hon’ble Court declared that Right to livelihood is part and parcel of the right to life. The Hon’ble Court standing up with these principles have gone leaps and bounds protecting the rights of human civilization as well as of the animals and nature (MC Mehta Cases). These all were done and guaranteed to us by the Hon’ble Court when either the interpretation of laws was required or there were no laws to deal such situations.
Right to Education is one of the most widely known outcomes of this situation.
That is why Article 141 and 142 exists in the Constitution of India and that is why so much of power have been given to the Hon’ble Supreme Court of India vide these Articles mandating all to comply with the same.
This is the reason that these articles have been included in the basic structure doctrine along with Article 32 and Article 136.
141. The law declared by the Supreme Court shall be binding on all courts within the territory of India.
142. (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.
Recently, Supreme Court of India appointed the new Lokayukta of Uttar Pradesh, by exercising powers granted by Article 142of the Constitution.
The state government had amended the state act with a provision that: Lokayukta shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. With this act, Lokayukta N K Mehrotra of UP continued in office more than prescribed term. This amendment was challenged in the court, and as result of which the Supreme Court directed the state government to appoint new Lokayukta within six months from the date of verdict. But with the state government failing to comply with the orders, the Supreme Court exercised the powers granted to it via Article 142 of Indian Constitution to appoint Virendra Singh as the new Lokayukta of UP.
Invoking Article 142 of the Constitution of India to do ‘complete justice’ to a couple who had decided to part with each other after living separately for last five years, the Supreme Court has waived statutory cool-off period of six months and granted them divorce.
The order in the Jagdambika Pal case can only trace its power to Article 142 of the Constitution which authorises the Supreme Court to “pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it”. Orders passed under this article have no precedential value. Students of law and practitioners of serious constitutional law were unenthusiastic about the constitutional underpinnings of the order. Some wags in the corridor of the Supreme Court called the rough and ready measure “Punchhaiti Raj” in an apparent pun on the Chief Justice’s name. In an issue of the Supreme Court Bar Association
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