Article 142: There is a heated debate on the powers of the judiciary in the wake of the hearing of petitions challenging the Waqf Amendment Act brought by the Narendra Modi-led central government and the recent Supreme Court verdict in the Tamil Nadu Governor case.
Vice President Jagdeep Dhankhar said that the Supreme Court should not set a deadline for the President to take decisions. He said that the judiciary should not drop a nuclear bomb on democracy and that judges should not make laws. Jagdeep criticized that it is not right for the judiciary to act in a way that sets a deadline for the President, and now we have judges who can make laws and they themselves also perform executive functions.
He said that the Supreme Court is acting like a super parliament and they are not accountable, and Article 142 of the Constitution has given the Supreme Court absolute powers, through which it can issue orders to ensure justice in any matter. Jagdeep described it as a nuclear missile that is available 24/7. He said that in a recent judgement, the President himself was given orders, which is worrying. In this context, there is a heated debate about Article 142. What is in it? What powers does that article give to the judiciary? It has become interesting.
Article 142 is a special provision of the Constitution of India. It empowers the Supreme Court to make all orders, directions and judgements necessary for the administration of justice to the people. The Supreme Court may, in exercise of its jurisdiction, pass such decree or order as may be necessary for the administration of justice in any cause or matter pending before it. Any decree or order so passed shall have effect throughout the territory of India until such time as the President, by order of the President, makes provision in that behalf by or under any law made by Parliament.
Subject to the provisions of any law made by Parliament in this behalf, the Supreme Court shall have all powers to issue any order requiring the attendance of any person, to discover or produce any documents, or to investigate or sentence for any contempt of court.
Highlights: The Supreme Court has the power to take any decision necessary for the complete justice. It is useful to take necessary steps to do justice, even if it is not generally within the jurisdiction of the court. This article is not more than a law, but it is useful to fill the gaps and correct the implementation of laws. In the past, this article has been used to give judgements in many cases. In Himanshu Sharma case (UGC vs City Complex), the Supreme Court gave final judgement based on Article 142 in the Ayodhya-Babri Masjid case. Imposition of fine in the Anil Ambani case
This is a way of incorporating law for justice. Even in extraordinary circumstances, the court can do justice to the people, even if they are not subject to the law. However, it is useful only in extraordinary circumstances. It gives immense power to the Supreme Court. In some cases, when the law or justice is needed, this article becomes crucial. That is, Article 142 is a very powerful constitutional provision designed to fulfil the principle of ‘justice for the sake of justice’.
Thousands of people lost their lives due to the poisonous gas leak at the Union Carbide factory in Bhopal in 1984. The Supreme Court delivered its verdict in this case under Article 142. It ordered the speedy payment of Rs. 750 crore compensation to the victims. Since the laws were weak at that time, the court used its special powers.
The Ayodhya Ram Temple, which has been going on for almost 150 years, has been allowed to be built in the final verdict on the Babri Masjid dispute, considering Article 142. Through this: With the intention of getting justice for the Muslims, it has ordered to give them 5 acres of land as an alternative for the construction of a mosque. The order was given for the sake of ‘complete justice’ even though it is not required by law.
Even though it is not possible to evict the encroaches as they have taken over Waqf or government properties as per the law, an effective decision has been taken through Article 142.
In some cases, when the relationship between husband and wife has completely broken down and there is no possibility of divorce under the law, the court has granted divorce under Article 142. Ravikumar-Zulmidevi case: The court was of the opinion that ‘it is better for the two of them to live separately than to have a legal relationship between them’ and annulled the marriage under Article 142.
A contempt of court case was filed against Ambani for non-payment of dues to Ericsson company. Through Article 142: The Supreme Court ordered direct payment without imposing any jail term. It gave a legally sound and timely judgement.
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