Syllabus: GS-II
Subject: Polity
Topic: Judiciary
Issue: Article-142
Context: Article 142 of the Constitution was invoked by the Supreme Court to overturn the results of Chandigarh Municipal Corporation mayor elections.
Article 142 provides a unique and extraordinary power to the Supreme Court, to do “complete justice” between the parties, where, at times, the law or statute may not provide a remedy.
Instances where the article is invoked:
- Bhopal Gas tragedy case: To ensure a compensation to the victims.
- Rajiv Gandhi Assassin case: The court ordered the release of A G Perarivalan.
- Ayodhya judgement: Allotment of 5 acres of land to the Sunni Central Waqf Board.
Criticism:
- Absence of a standard definition for the term “complete justice” – leading to wide discretion and possibility of arbitrary exercise.
- Violation of the separation of powers
+1 Advantage (for Mains)
Case law: Supreme Court Bar Association vs Union of India 1998
Powers under Article 142 are only supplementary in nature and could not be used to supplant or override a substantive law.
