Article-142 as a medium
to deliver ‘Complete Justice’
What is Article 142 of
the Constitution of India
The
Indian Judiciary and the constitution of India believe that every citizen of
India must get “complete justice”. The Constitution of India under Article 142
grants the power to the Supreme Court for passing any decree to do “complete
justice” Further, there is no specific
guideline or rule provided by the law which explains when, where and under
which circumstances the Apex Court can invoke the said article to do “complete
justice”.
Definition of Article 142 in Constitution of India
“142.
Enforcement of decrees and orders of Supreme Court and unless 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, and any decree so passed or
orders 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.
(2) Subject to the provisions of any law made in this
behalf by Parliament, the Supreme Court shall, as respects the whole of the
territory of India, have all and every power to make any order for the purpose
of securing the attendance of any person, the discovery or production of any
documents, or the investigation or punishment of any contempt of itself.”
While going through the above mentioned definition, we
understand that our constitution has given a very powerful sword to the Apex
Court for complete justice in any case or matter. While going through the
judgments that have been passed by the Apex Court under Article 142, we found
that the Supreme Court believes that it is necessary to intervene in complex
cases related to the environment, history and religion and the current laws
were insufficient for the current scenario.
Further,
below is an analysis of a few landmark judgments to find out whether the Apex
Court achieved the real meaning of Article 142 to do “Complete Justice” or not.
Ayodhya Case[1]:
The
Hon’ble Supreme Court has recently invoked this article while passing a
unanimous judgment on Ayodhya case wherein the bench handed over the disputed
land of 2.77 acres to a trust to be formed by the central government within
three months for the construction of a temple, under the Acquisition of Certain
Area at Ayodhya Act, 1993. Another 5 acres of land was allotted for the
construction of a mosque in Ayodhya.
In
the said case the Hon’ble Supreme Court described its power under Article 142 –
“The phrase ‘is necessary for doing complete justice’ is of a wide
amplitude and encompasses a power of equity which is employed when the strict
application of the law is inadequate to produce a just outcome. The demands of
justice require a close attention not just to positive law but also to the
silences of positive law to find within its interstices, a solution that is
equitable and just. The legal enterprise is premised on the application of
generally worded laws to the specifics of a case before courts.”
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