ARTICLE 142

Aug. 26, 2018

A Rajya Sabha member from Kerala has urged Supreme Court to use its powers under Article 142 to do ‘complete justice’ and direct the Centre to allow foreign aid for flood relief work and rehabilitation in Kerala.

About Article 142 of Constitution:

  • Title: Enforcement of decrees, orders of Supreme Court and orders as to discovery, etc.

  • Provisions: This article has 2 provisions –
    • 142(1): The Supreme Court may pass an order for doing complete justice.

    • 142(2): It confers three different powers on the Supreme Court. They are:
      • Securing the attendance of persons before it.

      • Discovery and production of documents and

      • Investigation and punishment of contempt of itself.





About A-142(1): Doing Complete Justice

  • The objective of Article 142(1) is that the Supreme Court must not be dependent on the executive for the enforcement of its decrees and orders.

  • Such dependence would otherwise violate the principles of independence of the judiciary and separation of powers, both of which are part of the basic structure of the Constitution.

  • In Supreme Court Bar Association v. Union of India (1998), it was decided that this article
    • Cannot be used to over-ride the existing law, but only to supplement the law and

    • Can be invoked for procedure purposes only.



Source : The Hindu