Article 142 of Indian Constitution: Scope, Powers, and Significance Explained

The Indian judiciary, vested with unique powers and responsibilities, plays a vital role in upholding constitutional values. Among its many provisions, Article 142 of the Indian Constitution stands out for granting the Supreme Court sweeping authority to “do complete justice” in any case before it. This single sentence has often been at the heart of landmark judgments and has shaped the judiciary’s interaction with the executive and the legislature. As debates about judicial activism and separation of powers intensify, understanding Article 142’s scope, powers, and significance remains essential for anyone interested in Indian law, governance, or democratic checks and balances.

The Text and Immediate Scope of Article 142

Article 142(1) reads: “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…”

This clause empowers the Supreme Court to go beyond the letter of the law’s procedural limitations if that is what it takes to resolve a matter justly. In effect, Article 142 enables the apex court to deliver orders that are binding throughout India, even in circumstances where existing statutes offer no clear remedy.

Key Features of Article 142

• Complete Justice: The central idea is to ensure that justice is neither thwarted by procedural lacunae nor hindered by rigidities of law, especially when parties have reached the nation’s highest court.
• Supra-Legislative Influence: Orders under Article 142 can, in certain cases, have an effect that temporarily overrides or supplements existing laws.
• Binding Nature: Decrees issued invoke the full force of law, requiring all authorities in India to act in aid of the Supreme Court.

“Article 142 is designed as a ‘constitutional glue’—allowing the Supreme Court to hold together justice where statutory solutions may fall short.”
— Former Chief Justice of India

Powers Conferred Under Article 142

The powers under Article 142 are broad and relatively unfettered, but they are not without boundaries.

Types of Powers Exercised

1. Corrective and Restorative Justice

The Supreme Court can undo miscarriages of justice. Notable cases include ordering restitution in property disputes or rectifying government actions retrospectively.

2. Interim Arrangements

The Court sometimes establishes interim mechanisms if the absence of immediate resolution would result in injustice. For example, in environmental cases, it may direct specific authorities to act or refrain from action until systemic reforms can take place.

3. Filling Legislative Gaps

In situations where legislation is silent or ambiguous, the Court has framed guidelines (e.g., Vishaka Guidelines for workplace sexual harassment before the passing of formal law).

4. Contempt and Enforcement

Article 142(2) supplements the Court’s power to punish contempt and to ensure the effective implementation of its orders.

Examples of Article 142 in Action

• Ayodhya Judgment (2019): The apex court exercised its Article 142 power to direct land allocation for an alternative mosque, in the interest of “complete justice.”
• Union Carbide Case (Bhopal Gas Tragedy): The court approved a settlement between the company and victims, invoking Article 142 to protect the interests of affected parties.
• Ban on Sale of Liquor on Highways: The Supreme Court temporarily banned liquor sale on highways, using Article 142 in the absence of relevant state legislation.

Significance and Impact on Indian Jurisprudence

Article 142 has had a considerable impact on the evolution of Indian legal and constitutional principles.

Judicial Activism and Progressive Interpretation

The Supreme Court, through creative and sometimes expansive recourse to Article 142, has positioned itself as a guardian of public interest, justice, and constitutional rights. This power has enabled judicial activism—stepping in where legislative or executive branches have lagged.

Criticisms and Controversies

However, the article’s broad wording has raised concerns about judicial overreach. Some argue that the judiciary has, at times, ventured into realms meant for the legislature or executive.

For instance, critics highlight that frequent use of Article 142 might dilute parliamentary supremacy or disrupt the intended balance of powers. Various legal scholars urge caution, emphasizing that “complete justice” must not come at the cost of the constitutional framework itself.

Evolving Jurisprudence

The Supreme Court itself has, on occasion, delineated self-imposed boundaries. Later judgments have stressed that Article 142 should not be used to contravene express statutory provisions, but should fill gaps in law or address exceptional circumstances.

Limitations and Safeguards

Despite its wide sweep, Article 142 is not an unchecked license.

Constitutional and Statutory Boundaries

The Supreme Court has clarified that orders under Article 142 cannot override substantive law and cannot violate specific constitutional amendments or rights.

• In re: Special Reference No. 1 of 2012, the Court held that while Article 142 could “supplement” law, it could not “supplant” it.
• The bench, in the Supreme Court Bar Association v. Union of India, ruled that Article 142 orders must be consistent with the fundamental structure of statutes and cannot “ignore” express legislative intent.

The Principle of Judicial Restraint

The judiciary’s own precedents promote restraint, emphasizing that Article 142 is an extraordinary power to be exercised rarely—reserved for cases where injustice would otherwise be inevitable.

“Complete justice must operate within the constitutional ecosystem, not above it. Article 142 gives the court a scalpel, not a sledgehammer.”
— Renowned Constitutional Law Scholar

The Road Ahead: Contemporary Relevance

In contemporary India, issues such as environmental crises, social inequalities, and new economic complexities frequently land before the Supreme Court. As a result, Article 142 remains an active tool—used both to fill legislative gaps and to push forward progressive reforms.

There is an increasing trend toward transparent reasoning in the invocation of Article 142, often accompanied by detailed explanations of judicial restraint and constitutional thresholds. Legal commentators believe this transparency is essential for maintaining trust in the judiciary.

Conclusion: Article 142’s Enduring Legacy

Article 142, with its guiding spirit of doing “complete justice,” stands as both shield and sword for the Indian Supreme Court. While it has enabled transformative judgments and helped redress system failures, the power demands careful, principled application within constitutional boundaries. For law students, policy makers, and citizens alike, an informed understanding of Article 142 is crucial to appreciating the intricate balance of Indian democracy.

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FAQs

What cases typically invoke Article 142 of the Indian Constitution?
Article 142 is invoked in cases where strict adherence to statutory provisions might result in injustice or where there is a legislative vacuum. High-profile civil, environmental, and public interest cases often see its use.

Can Article 142 override existing laws or statutes?
While Article 142 allows the Supreme Court to “do complete justice,” it cannot be used to permanently override explicit statutory provisions or constitutional rights. Its use is meant to supplement the law, not replace it.

Is Article 142 power unique to the Supreme Court of India?
Yes, this constitutional provision specifically vests unique powers in the Supreme Court of India and does not extend to High Courts or lower judicial bodies.

Has Article 142 ever been criticized for judicial overreach?
Yes, some legal experts and lawmakers have cautioned that excessive or expansive use of Article 142 could blur the lines between the judiciary and the other branches of government, raising concerns about the separation of powers.

What are some famous judgments delivered under Article 142?
Notable examples include the Ayodhya land dispute judgment, the Bhopal Gas tragedy settlement, and directives on environmental protection and electoral reforms.

How does Article 142 ensure checks and balances within the Constitution?
By declaring that its powers must not conflict with other constitutional provisions, both the text and the Supreme Court’s self-imposed limits help maintain the broader checks and balances integral to India’s governance.