What is Article 142 of the Indian Constitution – Defination & Meaning

Article 142 Article 142 provides a unique power to the Supreme Court, to do complete justice between the parties, where at times law or statute may not
📅 Part V – The Union
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Article Number

142

part

Part V – The Union

Status

Active

Full Definition & Explanation

Article 142 of the Indian Constitution grants the Supreme Court special powers to provide complete justice. This means that when there is no clear legal remedy available, the Court can step in and create one. This unique provision allows the Court to go beyond what traditional laws state, ensuring that litigants receive fair treatment, especially in complex cases where strict legal interpretations might not suffice. It particularly affects individuals or groups who have suffered injustice due to legal loopholes or inadequacies in existing laws. The article is invoked in extraordinary circumstances, allowing the Supreme Court to issue orders that are enforceable throughout India. For example, in the Bhopal Gas Disaster case, the Court used Article 142 to settle compensation matters and quashed pending criminal proceedings. This power is not unchecked; the Supreme Court must still consider existing laws and ensure that no substantive rights of litigants are ignored while exercising its authority under this article. Also, Article 142 has led to the concept of curative petitions, which allow individuals to seek redress if they feel their rights have been violated in previous judgments. This reflects the Court’s commitment to ensuring that justice is served, even when traditional legal frameworks fall short. However, the article also faces scrutiny for potential judicial overreach, raising questions about the balance of power among the different branches of government. Thus, while Article 142 aims to protect rights and provide justice, it requires careful application to avoid conflicts with established law and governance.

Historical Context

Article 142 was included in the Constitution adopted in 1950. During the Constituent Assembly debates, members discussed the necessity for an independent judiciary capable of addressing injustices that statutory laws might not cover. They emphasized that the judiciary should uphold justice in exceptional cases. The article has not undergone any amendments but has evolved through landmark Supreme Court cases, such as the Bhopal Gas Disaster case in 1991, which highlighted its importance in ensuring fair outcomes. This provision reflects the drafters’ foresight in empowering the judiciary while maintaining a balance with legislative functions.

Key Features

– Article 142 allows the Supreme Court to ensure complete justice.
– It empowers the Court to create remedies when laws do not provide them.
– The Court’s orders under this article are enforceable throughout India.
– Article 142 has led to the development of curative petitions.
– It is applicable in extraordinary circumstances requiring justice beyond statutes.

Importance & Impact

– It helps address cases where existing laws fail to provide justice.
– The article protects litigants from injustices due to legal loopholes.
– It serves as a check on government actions affecting citizens’ rights.
– The Supreme Court uses it to ensure fairness in complex legal situations.
– It promotes accountability by allowing judicial intervention in critical matters.

Sample UPSC Question

Consider the following statements regarding Article 142 of the Indian Constitution: 1. It allows the Supreme Court to ensure complete justice. 2. The article has been amended multiple times since its inception. 3. It can create remedies outside the existing laws. Which of the above statements is/are correct? A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2 and 3. Discuss your reasoning for choosing your answer.

Answer

The correct answer is C) 1 and 3 only. Article 142 indeed empowers the Supreme Court to ensure complete justice and create remedies beyond existing laws. However, it has not been amended since its inception, making option B incorrect. Option D is also wrong because statement 2 is incorrect as there have been no amendments.

Key Takeaways

✓ Article 142 empowers the Supreme Court to ensure complete justice.
✓ It allows the Court to create remedies when laws are inadequate.
✓ The article can lead to innovative legal concepts like curative petitions.
✓ It acts as a check on government actions affecting citizens’ rights.
✓ Supreme Court’s powers under this article are meant for extraordinary situations.

FAQs

Article 142 allows the Supreme Court to deliver justice when laws do not provide adequate remedies. It empowers the Court to make decisions that ensure fairness in unique cases, addressing injustices effectively. This provision also promotes public trust in the legal system by prioritizing justice over strict adherence to existing laws.

A curative petition allows individuals to seek redress if they believe their rights were violated in earlier judgments. It is an innovative use of Article 142 that helps ensure fairness and justice. However, it can only be entertained under specific circumstances, like violations of natural justice or bias by judges.

Article 142 can lead to orders that override existing laws to achieve complete justice. However, the Supreme Court must still consider the substantive rights of litigants. For instance, the Court cannot ignore express statutory provisions and must operate within the framework of the law while ensuring justice is served. This balance is key to maintain legal integrity.

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Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
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