Understanding Article 142 of the Constitution – The Power of Complete Justice
Disclaimer: This article is for educational purposes only and does not constitute legal advice. The information below explains a constitutional provision in general terms. For expert guidance on how this might apply to your specific situation, please contact an LLC Lawyer for a professional consultation.
The Supreme Court of India is not just the highest court in the land; it is a unique institution vested with extraordinary powers to ensure that justice is not hindered by procedural technicalities.
The most significant of these powers is encapsulated in Article 142 of the Constitution of India. This provision is the bedrock upon which the Court can deliver equitable and holistic resolutions, especially in complex cases where standard laws fall short.
What is Article 142(1)?
Let’s break down the constitutional text provided:
Article 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.—
(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it…
In simple terms, this means:
When any case or matter is already pending before the Supreme Court, it has the authority to pass any judgment or issue any order that is required to achieve “complete justice” between the parties involved.
The Wide Amplitude and Scope of “Complete Justice”
The phrase “such order as is necessary for doing complete justice” is deliberately broad. This gives the Supreme Court a wide and flexible discretion to tailor its rulings to the unique facts and circumstances of each case.
Key Characteristics of this Power:
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Discretionary: The Court itself decides when and how to use this power. A party cannot demand it as a matter of right.
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Uniquely Supreme: No other court in India—not even the High Courts—possesses a power equivalent to Article 142.
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Instrument of Equity: Its primary objective is to ensure that the final outcome is fair and just, even if it means stepping beyond the strict boundaries of conventional legal procedures.
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Moulding Relief: The Court often “moulds” the relief. This means it can modify the standard legal remedy to fit the specific needs of the case to achieve a fair result.
How is Article 142 Used in Practice?
While Article 142 can be applied in any case, it is frequently invoked in specific scenarios:
Dissolution of Marriage on Grounds of Irretrievable Breakdown
This is a classic example. The Hindu Marriage Act does not explicitly list “irretrievable breakdown” as a ground for divorce. However, when the Supreme Court is convinced that a marriage has broken down beyond repair and continuing it would be unjust, it uses Article 142 to grant a divorce to end the agony of the parties, even in the absence of mutual consent or proven fault.
Ensuring Comprehensive Settlements
In corporate or civil disputes, the Court can use this power to create a settlement package that covers all aspects of the conflict, ensuring a clean break and preventing future litigation.
Protecting Fundamental Rights
It can be used to give effect to fundamental rights in a manner that standard laws might not provide for.
Environmental Matters
The Court has used Article 142 to pass sweeping orders for environmental protection and compensation for victims, going beyond what existing environmental statutes may stipulate.
Frequently Asked Questions (FAQ)
Q1: Can I directly file a case in the Supreme Court just to use Article 142?
No. The power under Article 142 is invoked only in a “cause or matter pending before it.” This means you must first have a valid reason for the Supreme Court to have jurisdiction over your case, such as an appeal from a High Court, a Constitutional matter, or a Transfer Petition. You cannot file a fresh case directly under Article 142.
Q2: How is “complete justice” different from “justice” in other courts?
Other courts are primarily bound by the specific laws and procedures governing the case. They must base their decisions strictly on the evidence presented and the legal statutes.
The Supreme Court, using Article 142, can look at the bigger picture. It can consider equitable principles, fairness, and the overall context to deliver a resolution that truly closes the matter and prevents further injustice, even if that requires a creative or non-standard solution.
Q3: Does this mean the Supreme Court can ignore existing laws?
Not exactly. The Supreme Court does not arbitrarily ignore laws. Instead, it uses Article 142 to supplement the law where there is a gap or where a strict application of the law would lead to a gross injustice. It fills the voids to ensure the final outcome is equitable.
Q4: Is a decision made under Article 142 binding across India?
Yes. The Article itself states that any decree or order passed under it “shall be enforceable throughout the territory of India.” This ensures the uniform implementation of the Court’s orders, regardless of state boundaries.
Q5: Can the Supreme Court use this power in a Transfer Petition?
Yes, absolutely. As seen in recent judgments, if a Transfer Petition is pending before the Court, it can use its power under Article 142 to not only decide the transfer but also to address the core issue of the case (like granting a divorce) if it is necessary for doing complete justice. This saves time, cost, and further mental anguish for the parties.
Q6: Why is it essential to have an LLC Lawyer to argue a case involving Article 142?
Persuading the Supreme Court to exercise its power under Article 142 is a highly specialized task. It requires:
Strategic Framing:
An LLC Lawyer can frame the case narrative to convincingly show why standard legal remedies are inadequate and why the extraordinary power of Article 142 is necessary.
Legal Precedents:
We have the expertise to cite relevant past judgments where the Court has used this power in similar situations.
Comprehensive Prayers:
We can draft the “prayer” section of the petition to specifically request relief under Article 142, ensuring the Court has the legal basis to grant the desired outcome.
Focus on Equity:
Our advocacy focuses on demonstrating how the requested order will achieve “complete justice,” highlighting the equitable and fair aspects beyond mere legal technicalities.
Why It Matters
Unlike lower courts, the Supreme Court can consider the bigger picture, balancing equities and crafting remedies that prevent further injustice. Decisions under Article 142 are binding across India, providing finality and closure.
Why Consult Legal Light Consulting
Persuading the Supreme Court to exercise Article 142 requires expert strategy, citing precedents, framing equitable arguments, and drafting precise prayers. LLC Lawyers specialize in leveraging this power to achieve just and final resolutions, especially in complex matrimonial, NRI, and civil disputes.
The power of Article 142 represents the conscience of the Indian Constitution, allowing the Supreme Court to rise above procedure to deliver substantive justice.
If you are involved in a complex legal dispute where standard solutions seem insufficient, you need expert guidance.
Contact Legal Light Consulting.
Our seasoned #SupremeCourtLawyers are adept at navigating the highest court and leveraging its extraordinary powers to secure a just and final resolution for you.
