Consider the following statements with reference to the Article 142 of...
The Supreme Court recently directed sale of ancestral property of a man to pay arrears of maintenance of Rs. 1.25 Crores to his wife under its inherent powers under Article 142.
About Article 142 of the Indian Constitution:
- It deals with the Supreme Court's power to exercise its jurisdiction and pass an order for doing complete justice in any cause or matter pending before it.
- It provides the apex court with a special and extraordinary power and is meant to provide justice to litigants who have suffered traversed illegality or injustice in the course of legal proceedings.
- Article 142(1) states that “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, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe”.
- Article 142 allows the Supreme Court to deliver justice in exceptional cases where existing provisions or laws are not applicable.
- If a legislative enactment seeks to make unenforceable the decree or order of the Supreme Court made under Article 142, in relation to the cause and the parties between whom it was made, such law would be void for contravening Article 142[8].
- Significant cases where Article 142 was invoked:
- Babri Masjid Case: The article was used in the Ram Janmabhoomi-Babri Masjid land dispute case and was instrumental in the handover of the disputed land to a trust to be formed by the Union Government.
Bhopal Gas Tragedy: The SC invoked its plenary powers in the Union Carbide vs Union Govt case and intervened to provide compensation to victims of the deadly Bhopal Gas Tragedy.
Hence both statements are correct.
Consider the following statements with reference to the Article 142 of...
Article 142 of the Indian Constitution:
Article 142 of the Indian Constitution grants the Supreme Court of India the power to deliver justice in exceptional cases where existing provisions or laws are not applicable. It empowers the court to pass any decree or make any order necessary for doing complete justice in any case or matter pending before it, and such decree or order shall be enforceable throughout the territory of India.
Explanation of the statements:
1. It allows the Supreme Court to deliver justice in exceptional cases where existing provisions or laws are not applicable.
- This statement is correct. Article 142 gives the Supreme Court the power to deliver justice in cases where the existing provisions or laws are inadequate or do not provide a solution. It allows the court to pass orders and directions that are necessary to do complete justice in a particular case.
2. Any decree or order passed under Article 142 shall be enforceable throughout the territory of India.
- This statement is also correct. Article 142 explicitly states that any decree or order passed by the Supreme Court under this article shall be enforceable throughout the territory of India. This means that the orders and directions issued by the court under Article 142 have binding force and can be implemented across the entire country.
Significance of Article 142:
Article 142 is a significant provision in the Indian Constitution as it empowers the Supreme Court to fill the gaps in the existing legal framework and deliver justice in exceptional cases. It allows the court to exercise its discretionary power to provide relief to the aggrieved parties when no specific law or provision exists to address their grievances.
The purpose of Article 142 is to ensure that justice is not denied due to the absence of a specific law or provision. It gives the Supreme Court the flexibility to fashion remedies and pass orders that are necessary to meet the requirements of a particular case. This provision acts as a safety valve, allowing the court to innovate and provide relief in situations where the existing laws are inadequate.
It is important to note that while Article 142 grants discretionary powers to the Supreme Court, it also imposes certain limitations. The court must exercise its power judiciously, keeping in mind the principles of natural justice and the constitutional rights of the parties involved. The court cannot use this provision to infringe upon the rights of individuals or bypass established legal principles.
In conclusion, Article 142 of the Indian Constitution empowers the Supreme Court to deliver justice in exceptional cases and ensures that any decree or order passed under this article is enforceable throughout the territory of India. This provision plays a crucial role in filling the gaps in the legal framework and providing relief in situations where existing provisions or laws are not applicable.
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