INTRODUCTION
Article 142 is a provision in the Constitution of India that; empowers the Supreme Court to pass any order necessary for doing complete justice in a case. This means that the Court can go beyond the strict interpretation of the law and use its discretionary powers to pass orders.
However, the use of Article 142 is not without controversy, and some argue that; it can undermine the rule of law.
POWER OF SUPREME COURT UNDER ARTICLE 142
Sure, here are some key points regarding the power of the Supreme Court under Article 142 of the Indian Constitution:
- Article 142 grants the Supreme Court the power to pass any order necessary to do complete justice in a case.
- This power is discretionary, meaning that; the Supreme Court is not bound by any specific legal provision or precedent in using it.
- The Court can use this power to pass orders that; may not be within the purview of the law but are necessary to ensure justice is done.
- The scope of Article 142 is vast and covers a range of issues, including civil and criminal matters, public interest litigation, and even constitutional matters.
- The Court has used Article 142 to pass orders such as directing the government to pay compensation to victims of human rights violations, expediting cases pending for long periods, and imposing fines on parties for frivolous litigation.
- The use of Article 142 is not without controversy, with some critics arguing that it can undermine the rule of law by allowing the Court to act arbitrarily and bypass established legal norms.
IMPORTANT CASE LAWS
- BHOPAL GAS TRAGEDY CASE
On December 3, 1984, a gas leak from a pesticide plant owned by Union Carbide India Limited in Bhopal, India, led to the deaths of thousands of people and injuries to hundreds of thousands more.
The legal battle for justice in the Bhopal Gas Tragedy has been long and complicated. In 1989, Union Carbide Corporation, the parent company of Union Carbide India Limited, agreed to pay $470 million in compensation to the victims of the disaster.
In 1991, the Indian government filed a case against Union Carbide Corporation, seeking additional compensation for the victims. The case dragged on for years, with Union Carbide claiming that; it had already paid a fair amount of compensation and that; the Indian government was responsible for cleaning up the site.
In 2010, more than 25 years after the disaster, the Indian Supreme Court passed a landmark judgment in the case. The Court ordered Union Carbide to pay an additional $470 million in compensation and directed the government to take steps to clean up the site. The Court also ordered the prosecution of eight officials of Union Carbide India Limited for their role in the tragedy.
The Bhopal Gas Tragedy case is significant as it highlights the importance of holding corporations accountable for their actions and ensuring that; victims of industrial disasters receive just compensation. The case also demonstrates the power of the Indian Supreme Court to use Article 142 of the Constitution to pass orders necessary for doing complete justice in a case.
- AYDHOYA DISPUTE
The dispute centered around a mosque, the Babri Masjid, which built on the site in the 16th century by the Mughal emperor Babur.
In 1992, a group of Hindu activists demolished the mosque, claiming that; it built on the birthplace of Lord Ram, a Hindu deity. The incident led to widespread violence and communal tensions across India.
The legal battle over the land continued for years, with both Hindus and Muslims claiming ownership of the site. In 2010, the Allahabad High Court delivered a verdict that; divided the disputed land into three parts, with one-third going to the Hindu plaintiffs, one-third to the Muslim plaintiffs, and one-third to a Hindu sect.
In 2019, the Indian Supreme Court passed a landmark judgment in the case, ruling that the disputed land should be handed over to a trust to build a Hindu temple at the site. The Court also directed the government to provide an alternative plot of land to the Muslim plaintiffs to build a mosque.
The Ayodhya dispute is significant as it highlights the challenges of resolving conflicts between different communities in India. The judgment also demonstrates the power of the Supreme Court to use its discretionary powers under Article 142 of the Constitution to pass orders that; ensure complete justice in a case.
CONCLUSION
In conclusion, Article 142 of the Constitution of India grants; the Supreme Court the power to pass orders necessary for doing complete justice in a case.
The discretionary power of the Supreme Court under; Article 142 allows it to go beyond the strict interpretation of the law and pass orders that; may not be within the purview of the law, but are necessary to ensure justice is done.
Overall, Article 142 plays a crucial role in upholding the rule of law and ensuring that; the rights of citizens are protected.
Written By Advocate Associate Avichal singhal
Law Offices of Kr. Vivek Tanwar Advocate & Associates