GS II
• About: ◦
Article 142 was adopted by the Constituent Assembly on 27 May, 1949. It deals with enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc. ◦
- Subsection 1 of Article 142 (“Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.”) says “the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament. ◦
- Thus, Subsection 1 of Article 142 provides a unique power to the Supreme Court, to do complete justice between the parties.
Unlimited powers to the Supreme Court:
- According to some eminent jurists, natural justice is above law, and the Supreme Court will also be above law, in the sense that it shall have full right to pass any order that it considers just.
- Therefore, the Supreme Court shall exercise these powers and will not be deterred from doing justice by the provision of any rule or law, executive practice or executive circular or regulation etc.
Stand of the Constituent Assembly:
- The framers of the Constitution felt that this provision is of utmost significance to those people who have to suffer due to the delay in getting their necessary reliefs due to the disadvantaged position of the judicial system.
