Article 142 of the Indian Constitution bestows extraordinary and unique powers upon the Supreme Court of India. Often referred to as the power to do “complete justice,” this provision allows the Court to issue decrees and orders that are necessary to achieve a just outcome in cases before it, even if existing laws or procedures might not provide for such a remedy.
This article stands as a testament to the Supreme Court’s role not just as an interpreter of law, but as a final arbiter expected to ensure that justice is not thwarted by technicalities or lacunae in the legal framework. It is a source of the Court’s inherent power, distinct from its appellate, writ, or advisory jurisdictions.
Original Text
142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
(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, subject to the provisions of any law made in this behalf by Parliament, be prescribed by order of the President.
(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.
Detailed Explanation
Article 142 consists of two clauses, both dealing with the powers of the Supreme Court.
Clause (1) is the most significant aspect of Article 142 and is the source of the Supreme Court’s “complete justice” power. It allows the Supreme Court, while exercising its jurisdiction in any pending cause or matter, to issue any decree or order deemed necessary to secure complete justice between the parties. This power is discretionary and extraordinary. It is not constrained by existing statutory provisions or procedural rules in the same way other courts might be. The decree or order passed under this clause is enforceable throughout the territory of India. While Parliament can make a law prescribing the manner of enforcement, this law would regulate the procedure of enforcement, not the substantive power of the Court to pass the order for complete justice. The power under Article 142(1) has been invoked by the Court in diverse situations to fill gaps in legislation, correct injustices arising from procedural technicalities, or address issues of significant public interest where existing laws are inadequate.
Clause (2) grants the Supreme Court specific powers related to securing the attendance of persons, discovery and production of documents, and investigation and punishment of contempt of itself. These are essential powers for any court to function effectively and uphold its dignity and authority. Like Clause (1), these powers are also applicable throughout India and are subject to any law made by Parliament in this regard. However, this sub-clause mainly deals with procedural and ancillary powers necessary for the Court to conduct its proceedings and enforce its authority, distinct from the substantive power to do complete justice under Clause (1).
Detailed Notes
- Located in Part V (The Union), Chapter IV (The Union Judiciary) of the Indian Constitution.
- Consists of two clauses.
- Clause (1):
- Grants power to the Supreme Court in the exercise of its jurisdiction.
- Allows the Court to pass such decree or make such order as is necessary for doing complete justice.
- This power is available in any cause or matter pending before it.
- The resulting decree/order is enforceable throughout the territory of India.
- Manner of enforcement can be prescribed by law made by Parliament or by order of the President (subject to Parliamentary law).
- It is considered an extraordinary, discretionary, and plenary power.
- Enables the Court to go beyond statutory provisions or procedural laws if required for complete justice.
- Used to fill legislative gaps, address unforeseen situations, or mitigate harshness of existing laws.
- Examples of application include environmental protection (e.g., M.C. Mehta cases), dissolving irretrievable marriages, directing probes into public scandals, and ordering compensation.
- Often described as the Court’s inherent power or residuary power to render justice.
- Clause (2):
- Grants powers related to securing attendance of any person, discovery or production of documents, and investigation or punishment of contempt of itself.
- These powers are available as respects the whole of the territory of India.
- Subject to provisions of any law made by Parliament.
- These are essentially procedural and enforcement-related powers.
- Necessary for the effective functioning and maintenance of the dignity of the court.
- Nature and Scope:
- Article 142 is a source of substantive power (especially clause 1) and ancillary/procedural power (clause 2).
- The power under Article 142(1) is not intended to supplant substantive law but to supplement it when necessary to achieve complete justice.
- The Supreme Court has held that the power under Article 142 is not limitless and should be used with judicial restraint.
- It generally cannot be used to defeat the basic structure of the Constitution or violate fundamental rights.
- It cannot be used to exercise legislative or executive functions.
- The phrase “complete justice” implies justice not just between the immediate parties but potentially impacting broader public interest or preventing a perpetuation of injustice.
- Comparison: Distinct from powers under Article 32 (writs), Article 136 (special leave petition), or appellate powers, although it can be exercised in conjunction with or in addition to these powers while a matter is pending.
Additional Comments
- Article 142 is a unique provision in the Indian Constitution, giving the Supreme Court more flexibility than many apex courts globally.
- The exercise of this power has sometimes been a subject of debate regarding potential overreach into legislative or executive domains.
- The Court itself has cautioned against routine or expansive use of Article 142, reserving it for situations demanding truly “complete justice” where existing law is inadequate.
- Parliamentary law under both clauses primarily relates to the manner of enforcement or procedures, not the core power to make the order itself.
Summary
Article 142 grants the Supreme Court the power to issue any decree or order necessary to render complete justice in any pending case, enforceable throughout India. It also provides ancillary powers for securing attendance, discovery of documents, and punishing contempt. This extraordinary power allows the Court to act when existing laws fall short, ensuring just outcomes, but is expected to be exercised with caution and restraint.