From UPSC perspective, the following things are important :
Prelims level: Article 142
Why in the News?
The Supreme Court declined a PIL seeking directions under Article 142 to include sexual offences against men, trans-persons, and animals in the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC).
Supreme Court’s Observations:
|
About Article 142:
| Details | |
| Definition | • Grants discretionary power to the Supreme Court to pass orders or decrees necessary for complete justice in matters before it. • Allows the court to act beyond the limits of statutory law if required. |
| Purpose | • Ensures justice is delivered in cases where regular laws may not provide adequate remedies. • Aims to empower the Supreme Court to address extraordinary situations effectively. |
| Key Clauses | • Article 142(1): Allows the Supreme Court to pass enforceable orders across India for doing complete justice. • Article 142(2): Empowers the court to secure attendance, discovery of documents, or punishment for contempt. |
| Notable Cases | • Bhopal Gas Tragedy (1989): Supreme Court awarded $470 million compensation, bypassing limitations of ordinary law. • Ayodhya Case (2019): Directed the formation of a trust for Ram Mandir construction.• Liquor Sale Ban (2016): Imposed a 500-metre ban on liquor shops along highways using Article 142, extending it beyond central government orders. |
| Constructive Application | • Invoked for environmental protection, such as in the Taj Mahal cleanup. • Justice for undertrials by addressing systemic delays in the judicial process. |
| Controversies | • Accusations of judicial overreach in certain cases, where actions have seemingly breached the separation of powers principle. • Supreme Court Bar Association v. Union of India: Clarified that Article 142 should supplement, not replace the law. |
| Impact on Governance | • Empowers the Supreme Court with a tool for upholding justice, but raises debates over checks and balances in a democratic system. |
PYQ:[2019] With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law. (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament. (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet. (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature. |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
