Article 142 of the Indian Constitution: Meaning, Importance, Recent Cases, and Insights

 Introduction

In recent times, Article 142 of the Indian Constitution has emerged as a point of heated discussion in legal, political, and public discourse. From landmark judgments to controversial verdicts, this Article is often cited as the ultimate power of the Supreme Court to “do complete justice.” But what exactly is Article 142, why is it important, and why is it making headlines? Let’s explore.

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What is Article 142?

Article 142 of the Constitution of India empowers the Supreme Court to pass any decree or order necessary for doing “complete justice” in any pending matter. The Article reads:

“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...”

This gives the apex court the power to go beyond the boundaries of procedural law, if it believes that justice demands it.

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Importance of Article 142

1. Extraordinary Powers: Article 142 provides the Supreme Court with broad, almost unfettered, discretionary powers. It acts as a constitutional safety valve when existing laws fall short.

2. Judicial Activism: This Article has been used to correct legislative or executive inaction. It plays a key role in delivering justice in complex matters where rigid legal provisions may not suffice.

3. Landmark Cases:

   • Bhopal Gas Tragedy: The Court invoked Article 142 to settle the compensation claims.

   • Ayodhya Verdict: It was used to ensure the final resolution of the decades-old land dispute.

   • Unnao Rape Case: Article 142 facilitated speedy justice and victim protection.

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Why is Article 142 in the News?

Recently, the Supreme Court used Article 142 in several high-profile cases that reignited debates about judicial overreach and constitutional balance.

1. Electoral Disqualification Reversals: The Supreme Court recently invoked Article 142 to stay the disqualification of elected representatives, raising eyebrows about whether the judiciary is treading into the domain of Parliament.

2. Marriage & Divorce Judgments: Article 142 was used to dissolve marriages on the grounds of "irretrievable breakdown," even when the Hindu Marriage Act didn’t explicitly allow for it, showcasing the judiciary’s role in shaping social norms.

3. Relief to Public Servants: In some cases, Article 142 was used to protect government officers from prosecution, sparking concerns about selective justice and judicial favouritism.

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Insights & Opinion

Article 142 is both a boon and a burden. Its existence underlines the faith reposed in the Supreme Court as the final arbiter of justice. However, its liberal use has also raised the following concerns:

1. Checks and Balances: If the judiciary exercises powers not explicitly granted by law, it risks upsetting the constitutional balance of powers.

2. Judicial Overreach vs. Judicial Activism: While judicial activism aims to uphold justice in the face of systemic failure, overreach could be seen as encroachment upon the powers of the legislature or executive.

3. Need for Clarity: The Constitution does not define what “complete justice” means. This ambiguity gives the Court wide latitude, which can be both constructive and controversial.

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Conclusion

Article 142 is a powerful instrument designed to serve justice beyond technicalities. But as Spider-Man said, “With great power comes great responsibility.” The Supreme Court must continue to use Article 142 judiciously—balancing justice with restraint, compassion with constitutionality, and power with principle.

As citizens, it is essential for us to remain informed, vigilant, and engaged—because constitutional provisions like Article 142, while meant to protect us, also shape the very soul of Indian democracy.

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Do you think Article 142 should be more clearly defined to prevent misuse, or is its ambiguity a strength in a diverse country like India? Share your thoughts below.