Article 142: Supreme Court’s Power to Ensure Complete Justice

Idea of Complete Justice

  • Derived from Article 142, allowing the Supreme Court to craft equitable remedies when strict legal procedures fall short.
  • It lets the Court interpret and apply laws in light of constitutional values, evolving social realities, and broader notions of fairness.
  • Used to bridge legislative gaps and prevent injustice where no adequate legal framework exists.

Scope of Article 142

  • Authorises the Supreme Court to pass any order necessary to secure complete justice in matters before it.
  • Allows issuance of guidelines or directions in areas lacking clear legislation.
  • Empowers intervention in matters involving public interest, human rights, and constitutional protections.
  • Strengthens the Court’s position as the guardian of the Constitution and key driver of judicial innovation.

Positive Impacts

  • Addresses legislative vacuum:
    • Vishaka guidelines (1997) leading to the POSH Act, 2013.
  • Protects rights and democratic values:
    • Privacy judgment (K.S. Puttaswamy, 2017).
  • Ensures accountability and transparency:
    • Cancellation of illegal coal block allocations (2014).
  • Advances gender justice:
    • Permanent commission to women officers (Babita Puniya case).
  • Resolves conflicting judicial precedents:
    • Vineeta Sharma (2020) on daughters’ coparcenary rights.
  • Supports social and environmental justice:
    • Orders on undertrial release, Taj Mahal preservation, Bhopal disaster follow-up.

Concerns 

  • Subjective interpretation: “Complete justice” lacks a fixed definition, enabling wide discretion.
  • Risk of judicial overreach: May blur boundaries between judiciary, legislature, and executive.
  • Limited accountability: Orders cannot be easily questioned or reviewed like executive decisions.
  • Inconsistent application: Different benches may use Article 142 differently, creating uncertainty.
  • Potential conflict with separation of powers: Seen in instances like S.R. Bommai, where judicial directions overlapped executive authority.
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