Stay orders of HCs won’t lapse automatically: Supreme Court

Syllabus: GS-II, Subject: Polity, Topic: Judiciary and Tribunals, Issue: High Court Jurisdiction

Context: Supreme Court judgement reversed the Asian Resurfacing of Road Agency Vs CBI of 2018.

A ‘stay’ or ‘stay order’ is defined as the act of temporarily stopping or postponing any judicial proceeding.


  • In 2018, the Supreme Court held that stay orders would get vacated by default after six months unless extended.
  • The court now reversed that decision and held that a reasoned stay order would remain in operation.
    • Till there is a decision in the main matter.
  • The court mentioned Articles 226 and 142.
Article 226: Power of High Courts to issue certain writs for the enforcement of any of the rights conferred by Part III (Fundamental rights) and for any other purpose.

Article 142:Power of Supreme Court to pass any decree or order necessary for doing complete justice in any case or matter pending before it.

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