Article 142 of the Constitution of India and the Inherent Powers of the Supreme Court

The Constitution of India, in its various sections, has conferred wide powers on the Supreme Court. Article 141 of the Indian Constitution establishes that the law laid down by the Supreme Court is the law of the land and it is binding on all the courts and tribunals in the country. Extending this power, Article 142 empowers the Supreme Court to pass such decree or order as may be necessary for doing complete justice in any cause or matter that is pending before it.

The Supreme Court of India has used these very powers to deliver justice in several cases. The Supreme Court has stated in its various rulings that it will not use the powers granted to it under Article 142 in direct confrontation with any express statutory provisions applicable to the case at hand. However, it has also said that it can bypass this if the situation demands. The critics, however, object to the frequent use of these powers and that too for usurping the powers of the executive or the legislature.

Critics have demanded that the Supreme Court should clearly state the scope and ambit of its power under Article 142 of the Indian Constitution.

Constitution of India: Does it give enhanced power to the Supreme Court?

Experts believe that the Article 142 provides Supreme Court the power to give an enhanced beneficial meaning to an existing legislation to bring about a harmonious interpretation of the various provisions of the legislation and the various constitutional provisions.

To make it simpler, suppose there is law that has to be interpreted, this Article enables the Supreme Court to give it a more beneficial meaning and make its scope broader so that it benefits the people at large.

Therefore, the Supreme Court can make use of the powers granted to it under the article 142 in cases wherein the existing provisions of the law are inadequate to deal with the issue at hand and do adequate justice. The article, however, does not lay down any limitations regarding the causes or the circumstances in which the power is to be exercised. Also, the decision to exercise this power has been left completely to the discretion of the Supreme Court.

Constitution of India: Can the Supreme Court Grant Relief Even to Parties who Omitted to Challenge an Order?

The Supreme Court is also authorized to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents or investigation or punishment of any contempt of itself. Further, the Supreme Court can grant relief even to a party that is not before the court and has omitted to challenge the impugned order before the Supreme Court. This happened in the case of DESU v. Basanti Devi, (1999).

In the case of B.N. Nagarajan v. State of Mysore, the Supreme Court extended the benefit of the judgment to those appellants who had not prosecuted their appeals.

The SC has exercised its power under Article 142 to order a CBI inquiry without the State Government's consent where such consent was required by the statute and did not remove clerks even though their appointments were held invalid, as they had put in ten years of service and thus deserved "justice by mercy."

As per the Article 142, the Supreme Court also has the power to issue directions where none already exist and such directions shall be binding till such time as new rules are enacted by the legislature on the subject.

Constitution of India: What is the Scope of Supreme Court’s Powers under Article 142?

Critics have questioned whether a Supreme Court order made under Article 142, being a constitutional provision, can override express statutory provisions.  

The Supreme Court, through its various orders and landmark judgments, has clarified the scope of powers granted to it under the Article 142. In the context of Union Carbide case, the apex court stated mentioned thus:

" The proposition that a provision in any ordinary law irrespective of the importance of the public policy on which it is founded, operates to limit the powers of the Supreme Court under Article 142(1) is unsound and erroneous. Perhaps, the proper way of expressing the idea is that in exercising powers under Article 142 and in assessing the needs of 'complete justice' of a cause or matter, the Supreme Court will take note of the express prohibitions in any substantive statutory provision based on some fundamental principles of public policy and regulate the exercise of its power and discretion accordingly."

Further, the Supreme Court has clarified that it does not use its powers under Article 142 in direct confrontation with any express statutory provisions that are applicable to the case at hand. However, this is a self imposed restriction and can be bypassed if equitable considerations demand so. This stance appears to be in-line with the goals of India’s constitution makers.

Constitution of India: Do Landmark Judgments of the Supreme Court Enable Indians to Lead Better Lives?

Not a day goes by when the Supreme Court is not in the news, sometimes for controversial reasons pertain to celebrity or infamous cases, and other times, appearing to reflect the judicial concern to ensure the society’s welfare.

Are the landmark judgments of the Supreme Court helping the ordinary citizens of this country to be better informed about its impact and thereby, assert those rights? Do judgments change the way we, the people, connect to the judiciary? What do you believe the Supreme Court can do differently using its constitutional powers to help the ordinary citizens more effectively?

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