Article 142 of Indian Constitution: Supreme Court’s Powers Explained

In India’s constitutional setup, the Supreme Court is widely regarded as the guardian of the rule of law and the ultimate interpreter of the Constitution. Among its many powers, Article 142 of the Indian Constitution stands out for its unique, almost extraordinary, authority. This provision empowers the Supreme Court to pass any order necessary “for doing complete justice” in any matter before it—often serving as the linchpin for creative judicial solutions in complex cases. As the Indian judiciary has matured, Article 142 has frequently come to the fore during high-stakes disputes and public interest litigations, sparking debate about the breadth and limits of judicial power.

The Text and Spirit of Article 142

Article 142(1) provides:

“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…”

At its core, Article 142 is designed as a constitutional safety valve. Where existing laws may be inadequate, overly rigid, or silent on a particular situation, the Supreme Court can wield Article 142 to bridge the gap and ensure substantive justice is not derailed by procedural technicalities. What sets this power apart is its inherent flexibility and the trust reposed in the Supreme Court to act as a final arbiter not just of law, but often of national conscience.

Historical Context

Article 142 was envisaged by the Constitution’s drafters as a means to prevent injustice in rare or exceptional scenarios. Its debut in Indian jurisprudence was marked by the Court’s recognition that technical legal barriers should not block equitable outcomes. Over decades, this “complete justice” power has been expansively interpreted, sometimes drawing scrutiny from legal scholars and other branches of government.

How Article 142 Has Been Used: Landmark Cases and Impact

Across decades, Article 142 has been invoked in matters ranging from environmental protection to electoral reforms, and high-profile criminal cases. Its prominent role in Indian legal history is best illustrated through precedent-setting judgments.

The Union Carbide Case (Bhopal Gas Tragedy)

The 1989 settlement of the Bhopal Gas Tragedy—a catastrophic industrial accident which claimed thousands of lives—highlighted the far-reaching powers granted by Article 142. The Supreme Court approved a settlement between Union Carbide Corporation and the Indian government, citing Article 142 to override certain technical objections and prioritize “complete justice” for the victims. Critics, however, have long debated whether this negated broader questions of corporate accountability and due process.

Ayodhya Land Dispute

In the landmark Ram Janmabhoomi-Babri Masjid verdict of 2019, the Supreme Court leaned on Article 142 to ensure a balanced resolution. While awarding the disputed land for the construction of a temple, the Court also directed an alternative five-acre plot be allotted for the construction of a mosque, explicitly invoking Article 142 to craft a remedy that aimed for national healing.

Enforcement of Environmental Norms

Article 142 has underpinned a series of orders around environmental restoration and pollution control, from cleaning the Ganga river to regulating industrial emissions. Often, when executive or legislative machinery has faltered, the Court has resorted to this constitutional power to steer meaningful compliance.

Authority Versus Accountability: Debates Around Article 142

While many legal experts laud Article 142 as essential for judicial activism and public interest, its broad phrasing has also generated concerns over judicial overreach. Critics point out that unfettered exercise of “complete justice” could bypass legislative intent or conflict with existing statutes.

“Article 142 is both an enabler and a warning. It enables the Supreme Court to rescue justice from the machinery of law when it breaks down, but it must be wielded with mindful restraint, lest we descend into rule by judges rather than rule of law,”

says Dr. Siddharth Chauhan, Associate Professor of Law, NALSAR University of Law.

Safeguards and Critiques

Despite its utility, constitutional experts urge that the invocation of Article 142 should not become routine. The bench remains alert to the risk that frequent reliance on this provision could erode the separation of powers. There is also an emergent trend where subsequent benches have occasionally reviewed or limited earlier uses of Article 142, reflecting a maturing and self-regulating judiciary.

Article 142 in Contemporary Governance

Beyond resolving legal deadlocks, Article 142 has catalyzed broader systemic reforms, especially where other arms of the state have been slow or reluctant to act. For instance, directives to expedite criminal trials or reform electoral disclosures have helped close legislative gaps. Nonetheless, each invocation is measured against the twin benchmarks of necessity and proportionality—ensuring that orders go no further than required to “complete” justice.

Notable Judicial Trends

• Balancing Rights: Recent cases reveal a trend toward using Article 142 for balancing fundamental rights—such as ordering compensation for wrongful detention or directing the release of prisoners based on humanitarian concerns.
• Structural Remedies: The Court has also used Article 142 to constitute committees, direct investigations, and issue binding guidelines when legislative or executive authorities have failed to act.

International Comparisons: Unique Indian Feature

Few constitutions around the world grant their apex courts such sweeping authority. While some nations’ supreme courts possess inherent equitable or supervisory powers, the breadth of Article 142 remains uniquely Indian. In countries like the United States or United Kingdom, courts largely confine themselves within statutory limits unless specific “equitable relief” is expressly legislated.

Evolving Role: The Road Ahead for Article 142

The future of Article 142 will likely reflect India’s dynamic constitutional landscape. As democracy expands and new rights-tested situations emerge, calls for its prudent and innovative use may only grow. Yet, maintaining a balance between bold intervention and institutional humility will remain key.

Recommendations for Responsible Use

• Defined Parameters: Regular judicial pronouncements are clarifying when and how Article 142 should be invoked, helping build a repository of guidelines for future reference.
• Parliamentary Collaboration: At times, the Court has nudged Parliament to legislate once it addresses an issue temporarily under Article 142, preserving the constitutional balance between the branches of state.

Conclusion: Article 142 as a Constitutional Lifeline

Article 142 of the Indian Constitution stands as a constitutional lifeline, empowering the Supreme Court to ensure “complete justice” where ordinary laws fall short. It is a testament to the framers’ wisdom in granting extraordinary powers to the judiciary, yet one that comes with immense responsibility. The true challenge lies in deploying this power judiciously—striking the right balance between activism and restraint, legal authority and democratic accountability. As India’s society and legal order grow ever more complex, Article 142 will remain both a beacon of hope and a subject of vigilant debate.

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FAQs

What is Article 142 of the Indian Constitution?
Article 142 gives the Supreme Court of India the power to pass any order necessary for “complete justice” in matters before it, often used when existing laws or procedures fall short.

How has Article 142 been used in practice?
It has played a key role in major cases like the Bhopal Gas Tragedy settlement, the Ayodhya land dispute, and various environmental protection orders, allowing the Court to resolve cases with creative and equitable solutions.

Is Article 142 unlimited in its scope?
While broad, the power is not absolute. The Supreme Court has set self-imposed limits and usually exercises this power carefully, mindful of constitutional principles and the need to respect other branches of government.

Why is Article 142 considered unique?
Few constitutions offer such explicit authority to the judiciary. Article 142’s sweeping language enables the Supreme Court to craft remedies that go beyond rigid legal constraints, making it a distinctive feature of Indian constitutional law.

Can Article 142 override existing laws?
In exceptional cases, the Supreme Court has used Article 142 to bypass or supplement existing laws, but it generally does so to fill legal gaps without permanently altering statutory frameworks.

What safeguards are there against misuse of Article 142?
The Supreme Court itself ensures checks through judicial restraint, regular guidelines on its usage, and a culture of balancing complete justice with the rule of law and separation of powers.