Article 142 of the Constitution

Complete Justice is the core principle. The Supreme Court can pass any order necessary to do complete justice in a case. This power is not limited by existing laws or procedures. For example, in the Bhopal Gas Tragedy case, the Supreme Court used Article 142 to provide compensation to the victims, even though the existing laws were inadequate.

The Supreme Court's power under Article 142 is discretionary. This means the court decides when and how to use this power. It is not a right that parties can demand. The court must exercise this power judiciously, considering the facts and circumstances of each case.

Override of Laws is a significant aspect. The Supreme Court can issue orders that may override existing laws if necessary to achieve complete justice. However, this power is not absolute. The court cannot violate fundamental rights or the basic structure of the Constitution.

Scope Limitation exists. While Article 142 grants broad powers, the Supreme Court has clarified that it cannot use this article to create new laws. Its role is to interpret and apply existing laws, not to legislate.

Enforcement Power is inherent. Orders passed under Article 142 are directly enforceable. This means they do not require further legislative action or executive orders to be implemented. This ensures quick and effective justice.

Transfer of Cases is facilitated. The Supreme Court can use Article 142 to transfer cases from one court to another, even if the existing laws do not allow such transfer. This is often done to ensure a fair trial or to expedite the resolution of a case.

Environmental Protection has been aided. The Supreme Court has used Article 142 in several cases related to environmental protection. For example, it has issued orders to close polluting industries and to protect forests, even when these orders went beyond existing environmental laws.

Public Interest Litigation (PIL) is often linked. Article 142 is frequently invoked in PIL cases, where the court is addressing issues of public importance. This allows the court to take proactive steps to protect the rights of citizens and to promote social justice.

Limitations on Financial Powers are in place. While the Supreme Court can order compensation or other financial remedies under Article 142, it cannot impose taxes or create new financial obligations that are not authorized by law.

Judicial Restraint is expected. The Supreme Court is expected to exercise judicial restraint when using Article 142. This means it should only use this power in exceptional circumstances and should avoid interfering with the functions of the other branches of government.

Impact on Fundamental Rights is a key consideration. The Supreme Court cannot use Article 142 to violate fundamental rights guaranteed under Part III of the Constitution. This ensures that the pursuit of complete justice does not come at the expense of individual liberties.

Relation to Other Articles is important. Article 142 must be read in conjunction with other articles of the Constitution, such as Article 32 (Right to Constitutional Remedies) and Article 141 (Law declared by Supreme Court to be binding on all courts). This ensures a harmonious interpretation of the Constitution.