Article 142 of the Constitution

In News

• Recently, the Supreme Court ordered release of AG Perarivalan, one of the life convicts in the Rajiv Gandhi assassination case.
• A bench headed by Justice L Nageswara Rao invoked its ‘extraordinary power’ under Article 142 to grant relief to Perarivalan

What is Article 142?

• About:
  • Article 142 was adopted by the Constituent Assembly on 27 May, 1949. It deals with enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.
  • Subsection 1 of Article 142 (“Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.”) says “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.
  • Thus, Subsection 1 of Article 142 provides a unique power to the Supreme Court, to do complete justice between the parties.
• Unlimited powers to the Supreme Court: 
  • According to some eminent jurists, natural justice is above law, and the Supreme Court will also be above law, in the sense that it shall have full right to pass any order that it considers just. 
  • Therefore, the Supreme Court shall exercise these powers and will not be deterred from doing justice by the provision of any rule or law, executive practice or executive circular or regulation etc.
• Stand of the Constituent Assembly: 
  • The framers of the Constitution felt that this provision is of utmost significance to those people who have to suffer due to the delay in getting their necessary reliefs due to the disadvantaged position of the judicial system.

Significance of Article 142

• Prevents Injustice: It provides a special and extraordinary power to the Supreme Court to do complete justice to the litigants who have suffered traversed illegality or injustice in the proceedings. 
• Uphold citizen’s rights: Article 142 has been invoked for the purpose of protecting rights of the different sections of the population. 
• Check on Government: Works as a system of checks and balances with the Government or Legislature.

Instances where the Supreme Court has invoked its plenary powers under Article 142 and its Scope

• Manohar Lal Sharma v. Principal Secretary: The Supreme Court can deal with exceptional circumstances interfering with the larger interest of the public in order to fabricate trust in the rule of law.
• A.R. Antulay v. R.S. Nayak: The Supreme Court held that any discretion which is given by the court should not be arbitrary or in any way be inconsistent with provisions of any statute laid down. 
• Laxmi Devi v. Satya Narayan: Supreme Court had ordered the accused, under Article 142, to award compensation to the victim with whom he had sexual intercourse with a promise to marry and had later retracted his promise. Also, the order made clear that the accused should not be convicted of rape.
• Union Carbide Corporation v. Union of India: In Bhopal Gas Tragedy Case, the court ordered to award compensation to the victims and placed itself in a position above the Parliamentary laws.
• Siddiq v. Mahant Suresh Das: Popularly known as the Ayodhya dispute, the Supreme Court had exercised the powers mentioned under Article 142 of the Constitution. 

Issues

• Ambiguity: The Supreme Court tried to explain the phrase ‘complete justice’ but it is still blurred. The judgments passed by the Apex Court have created a lot of confusion and there is no clarity on invoking Article 142. 
• Promotes Judicial Overreach: In some judgments, it is mentioned that it could be used when the law of statutes is silent. However, by analysing judgments on the use of Article 142 it seems like it is used to fill the lacuna of the law. 
• Unaccountability: Unlike the executive and legislature, it cannot be held accountable for its decisions.
• Negative impact on the economy: The judgement on the ban on the sale of liquor near national and state highways has affected many hotels, bars, restaurants and liquor shops which resulted in the unemployment of lakhs of people. 
• Fundamental rights ignored: In the coal block case without hearing allottees, the apex court imposed a huge penalty on the owner/allottees of coal blocks. It shows that while giving “complete justice”, the Apex court ignored the fundamental rights of an individual.

Way Ahead

• The Apex Court could make a strict guideline that justifies the use of Article 142 and promotes judicial restraint.
• The SC can, in every such case, ensure that it would be a “complete justice” for the society without affecting the rights of citizens. 

Source: IE