Article 142 of the Indian Constitution

Article 142: The Power of the Supreme Court to Ensure Complete Justice

Under Article 142, the Supreme Court of India is granted the authority to pass such orders or directions as may be necessary to ensure complete justice in any matter before it.

Key Points:

• The Supreme Court can issue orders, directions, or decrees to give final judgment in any pending case.
• Such orders are binding and must be followed across the entire territory of India.
• While adhering to the laws made by Parliament, the Supreme Court has the authority to regulate the procedures of courts.

Two Main Subsections of Article 142:

1. Article 142(1):
   • The Supreme Court has the power to issue any order, direction, or decree necessary to ensure complete justice in a case.
   • The decisions made by the Supreme Court under this provision are binding throughout India.
2. Article 142(2):
   • The Supreme Court has the authority to make rules on matters related to court procedures until Parliament enacts a law on the subject.

Why is Article 142 Important? (From the UPSC Perspective)

• Corrective Power: Article 142 provides the judiciary with corrective power, allowing it to intervene in cases where standard procedures might fail or justice is denied due to technicalities.
• Removing Technical Barriers: It helps in removing rigid technical barriers that could obstruct the delivery of justice.
• When the Law is Silent or Incomplete: If the law is silent, ambiguous, or incomplete, the Supreme Court can invoke Article 142 to ensure justice.
• The Concept of "Complete Justice" is broad: It encompasses not only legal justice but also moral and constitutional justice.

Recent Significant Examples:

• Ayodhya Dispute (2019): The Supreme Court, under Article 142, ordered the allocation of 5 acres of land to the Muslim party for the construction of a mosque, as part of a comprehensive solution to the long-standing dispute.
• Shiv Sena Political Dispute (2022-23): In the context of the political power struggle in Maharashtra, the Supreme Court issued orders under Article 142 regarding the formation of the government, ensuring a fair resolution.
• EWS Reservation Decision (2022): In some cases, the Supreme Court, using Article 142, issued extraordinary orders to ensure justice, especially when technical aspects of the law were insufficient.

This detailed explanation of Article 142 emphasizes its pivotal role in ensuring justice beyond mere legal principles, incorporating constitutional and moral perspectives, and also addressing its usage in exceptional circumstances when the law itself might fall short.

Potential Questions for UPSC:

Question:
"How does Article 142 empower the Indian Supreme Court to provide 'complete justice'? Explain with examples."

Outline for a Brief Answer:

• Introduce Article 142.
• Explain the concept of complete justice.
• Discuss the powers and limitations of the Supreme Court.
• Provide recent examples.
• Conclude by stating that this article is an important tool for Judicial Activism.

Question 1:
"Article 142 of the Indian Constitution gives the judiciary an extraordinary power to provide 'complete justice'. Critically evaluate this statement. (250 words)"

Outline for the Answer:
Introduction:

• Article 142 is the provision of the Constitution that grants the Supreme Court the power to provide complete justice.
• In specific situations, it becomes a tool for judicial activism.

Main Body:

• Article 142(1): The Supreme Court can issue orders or directions in any pending matter to ensure complete justice.
• Article 142(2): The Supreme Court has the authority to regulate court procedures until Parliament enacts a law.
• Examples:
  • Ayodhya Dispute (2019): The Supreme Court ordered the allocation of 5 acres of land to the Muslim side.
  • Shiv Sena Crisis (2022-23): The Supreme Court issued orders regarding the political power struggle in Maharashtra.
  • EWS Reservation Case: The Supreme Court issued orders to ensure justice despite technical barriers.

Problem/Criticism:

• Excessive Use: There are concerns regarding judicial overreach.
• The definition of "complete justice" is ambiguous, relying on the judicial discretion.

Conclusion:

• Article 142 makes the Supreme Court both a guardian and a reformer of the Constitution, but its use must be balanced and justified.

Question 2:
"Article 142 is a symbol of the constitutional autonomy and moral leadership of the Indian judiciary." — Explain with examples. (250 words)

Answer Outline:

Introduction:

• Article 142 provides the judiciary with the power not only to deliver justice from a legal perspective but also from a moral standpoint.

Main Body:

• Complete Justice = Constitutional + Moral + Practical Justice
• Important Examples:
  • BCCI Reform Case – The Supreme Court implemented the recommendations of the Lodha Committee to ensure transparency in the management of cricketing bodies.
  • Transgender Rights Protection – The Supreme Court issued guidelines for the protection of transgender rights when the legislature was silent.
• When the Parliament or Legislature remains silent, the judiciary intervenes to uphold justice.

Special Significance:

• The judiciary is granted corrective power, allowing it to address injustices even when technicalities or procedural barriers exist.
• This ensures that justice is not hindered by procedural limitations.

Conclusion:

• Article 142 strengthens the moral responsibility of the judiciary in maintaining the balance of democracy. However, its use must always remain within the limits of the Constitution.

Question 2:
"Article 142 is a symbol of the constitutional autonomy and moral leadership of the Indian judiciary." — Explain with examples. (250 words)

Answer:
Article 142 of the Indian Constitution grants the Supreme Court the unique power to issue any order, direction, or decree necessary to ensure "complete justice" in any case. This provision not only provides the judiciary with legal authority but also positions it as a moral leader.

The concept of complete justice encompasses more than just legal justice; it includes constitutional values, moral considerations, and practical solutions. When the executive or legislature is inactive or when the law is ambiguous, the judiciary steps in through Article 142 to restore balance in society.

Important examples include:

• BCCI Reform Case: The Supreme Court implemented the Lodha Committee's recommendations to ensure transparency in cricketing bodies.
• Protection of Transgender Rights: The Supreme Court issued comprehensive guidelines for transgender rights protection when the legislature was silent on the matter.

This article gives the judiciary corrective power, enabling it to bypass technical or procedural barriers in the pursuit of justice. It highlights the Supreme Court's role as both the constitutional protector and a moral leader.

In conclusion, Article 142 makes the judiciary not only the guardian of the Constitution but also a leader in providing moral direction in Indian democracy. However, its use should always be guided by judicial discretion to avoid encroaching on the powers of the legislature and the executive.

✅ 10 UPSC-Level MCQs (in Hindi)

Question 1:
Which article of the Indian Constitution grants the Supreme Court the power to ensure "complete justice"?
A) Article 141
B) Article 142
C) Article 136
D) Article 32
Answer: B) Article 142

Question 2:
Which institution uses Article 142?
A) Parliament
B) Governor
C) High Court
D) Supreme Court
Answer: D) Supreme Court

Question 3:
Article 142(1) pertains to which of the following?
A) Powers of Rajya Sabha
B) Power of the President to grant pardon
C) Power of the Supreme Court to ensure complete justice
D) Money Bill
Answer: C) Power of the Supreme Court to ensure complete justice

Question 4:
Where do the orders issued under Article 142 apply?
A) Only in Union Territories
B) Only in States
C) Throughout India
D) Only in Delhi and Mumbai
Answer: C) Throughout India

Question 5:
Which of the following is not an example of the use of Article 142?
A) Ayodhya Dispute
B) Sabarimala Case
C) Balco Case
D) Shiv Sena Power Struggle
Answer: C) Balco Case

Question 6:
What is included in the concept of "complete justice"?
A) Only legal justice
B) Only moral perspectives
C) Legal, moral, and constitutional justice
D) Only administrative orders
Answer: C) Legal, moral, and constitutional justice

Question 7:
Article 142(2) pertains to which of the following?
A) Emergency powers of the President
B) Process of lawmaking by Parliament
C) Rules made by the Supreme Court concerning procedures
D) Ordinances issued by the Governor
Answer: C) Rules made by the Supreme Court concerning procedures

Question 8:
The excessive use of Article 142 points to which potential risk?
A) Weakness of the legislature
B) Strengthening of the executive
C) Judicial over-activism
D) Economic inequality
Answer: C) Judicial over-activism

Question 9:
When can Article 142 be used?
A) Only with the consent of the President
B) Only when the legislature fails
C) When the Supreme Court deems it necessary to ensure complete justice
D) In every minor decision
Answer: C) When the Supreme Court deems it necessary to ensure complete justice

Question 10:
Under which article can the Supreme Court make rules to regulate court procedures?
A) Article 141
B) Article 142(2)
C) Article 226
D) Article 124
Answer: B) Article 142(2)

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