Article 142 of the Costitution of India with Case law
Here is a detailed explanation of Article 142 of the Constitution of India along with key case law references:
🇮🇳 Article 142 – Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
🔹 Full Text of Article 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 orders so made shall be enforceable throughout the territory of India..."
🔹 Explanation:
Article 142 empowers the Supreme Court to go beyond statutory provisions if required to do “complete justice” in a case.
Key Points:
Plenary Power: This is a residual and extraordinary power, invoked to fill legal gaps when no law explicitly exists.
Enforceability: Orders under Article 142 are binding across India.
Not bound by statutes in certain exceptional circumstances, but subject to the Constitutional framework.
Cannot override fundamental rights or basic structure.
⚖️ Landmark Case Laws under Article 142:
1. 🔸 Union Carbide Corporation v. Union of India (Bhopal Gas Tragedy Case)
Citation: (1991) 4 SCC 584
Summary:
SC invoked Article 142 to settle the Bhopal Gas Leak disaster compensation issue.
Ordered UCC to pay $470 million, despite gaps in statutory compensation mechanisms.
Highlighted the use of Article 142 to ensure expeditious justice in mass tort cases.
2. 🔸 Supreme Court Bar Association v. Union of India
Citation: (1998) 4 SCC 409
Summary:
SC held that Article 142 cannot be used to supplant existing law.
A lawyer was suspended from practice under Article 142.
SC ruled that although it can do "complete justice," Article 142 can't contravene statutory provisions.
3. 🔸 Mohd. Ahmed Khan v. Shah Bano Begum (1985)
Citation: AIR 1985 SC 945
Summary:
The SC granted maintenance to Shah Bano, a Muslim woman, under CrPC.
Invoked Article 142 to ensure justice even though personal laws were involved.
Triggered major debates on personal law vs constitutional guarantees.
4. 🔸 Navtej Singh Johar v. Union of India (2018)
Citation: (2018) 10 SCC 1
Summary:
SC decriminalized Section 377 IPC (homosexuality).
Invoked Article 142 to wipe out the stigma and ensure constitutional morality.
5. 🔸 Babri Masjid-Ram Janmabhoomi Case (2019)
Citation: M. Siddiq (D) Thr Lrs. v. Mahant Suresh Das & Ors., (2019) 15 SCC 1
Summary:
SC used Article 142 to allot alternate land (5 acres) to Sunni Waqf Board for a mosque.
Emphasized balancing religious rights and public order by exercising Article 142 for complete justice.
🧾 Summary Table:
| Aspect | Details |
|---|---|
| Article Number | 142 |
| Title | Enforcement of decrees and orders for complete justice |
| Type | Plenary power of the Supreme Court |
| Enforceability | Applicable and enforceable across India |
| Limits | Cannot override statutory law or Constitution |
| Famous Uses | Bhopal Gas Tragedy, Shah Bano, Babri Masjid, Navtej Singh Johar |
🧠 Conclusion:
Article 142 is a unique tool that enables the Supreme Court to act beyond procedural or substantive constraints.
However, it must be exercised with great restraint and respect for the separation of powers.
RELATED Blog
0 comments