Article 142 and the Doctrine of Complete Justice

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Article 142 and the Doctrine of Complete Justice

Context:

The Supreme Court’s recent directions on road safety and the right to safe travel have brought Article 142 of the Constitution into focus. This provision empowers the Court to pass necessary orders to deliver complete justice where ordinary legal remedies or existing laws may be inadequate.

  • Article 142 empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it.
  • This power is residuary and extraordinary, meaning it is used when existing laws, procedures or remedies are insufficient to ensure justice.
  • It acts as a constitutional safety valve, allowing the Court to fill legal gaps and prevent injustice in exceptional situations.
  • The power is not derived from ordinary statutes but from the Constitution itself, reflecting the Supreme Court’s role as the guardian of the Constitution.
  • Article 142 has been used in matters involving public interest, environmental protection, road safety, compensation, family disputes and institutional reforms.
  • However, its use must follow due process, fairness, equity, good conscience and natural justice.
  • High Courts do not possess Article 142 powers, though they may use writ jurisdiction under Article 226 for constitutional remedies.
  • The major debate is between judicial activism and judicial overreach, especially when courts enter areas normally handled by the Executive or Legislature.

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