Recently, the Supreme Court in the so called “Bulldozer Justice” interim order, referred to the use of Article 142 of the Constitution thus piquing my interest.
The Supreme Court was hearing petitions, about certain State Governments, who were demolishing the homes of individuals accused of crimes, using bulldozers as a punitive measure. The Court passed an interim order pausing till the next hearing, any demolition activities across the country without prior court permission. They excluded demolitions that pertained to public encroachments like illegal constructions on roads or public spaces.
When the Solicitor General, Tushar Mehta, representing one of the State Governments, objected to the order, arguing that it unduly restricts the powers of statutory authorities, the Bench said that the directive was being issued under the special powers granted by Article 142 of the Constitution.
This Article is a unique tool that lets the Supreme Court deliver justice in cases where existing laws might not cut it. But what exactly is Article 142, and how does it impact the justice system in India?
What is Article 142?
Please find below the excerpt of the Article from the Constitution:
“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, 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.
(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. “
Article 142 gives the Supreme Court the power to pass any order or decree needed for “doing complete justice” in any case before it. In simple terms, this provision allows the Court to go beyond the existing laws and technicalities to make sure justice is served.
It’s important to note that while laws govern the land, there are often situations where strictly applying these laws might not fully address the complexities of a particular case. Article 142 lets the Court step in and fill those gaps, ensuring that justice is delivered.
For example, in cases where laws may be outdated or don’t cover certain modern issues, or when the legal process is too slow or burdensome, Article 142 gives the Supreme Court the flexibility to issue judgments that directly address the problem at hand.
Key Features of Article 142
- Discretionary Power: Article 142 gives the Supreme Court wide-ranging powers. The Court can issue orders related to attendance, document discovery, and even deal with contempt of court issues. This flexibility allows the Court to act in ways that ensure justice is not delayed or denied.
- Going Beyond Ordinary Law: The Court can use Article 142 to bypass legal restrictions if they stand in the way of delivering justice. This doesn’t mean the Court acts arbitrarily, but it does give it room to maneuver when standard laws are inadequate.
- Ensuring “Complete Justice: The essence of Article 142 is that it seeks to provide full justice, even in situations where laws may be unclear, insufficient, or outdated.
Some Real-Life Examples of Article 142 in Action
- One of the instances where the Supreme Court invoked Article 142 is in the Bhopal Gas Tragedy case. The Court used this article to ensure that victims of the tragedy received compensation, even though existing laws at the time weren’t equipped to handle such large-scale disaster relief.
- In another instance, the Court used Article 142 to allow divorces based on the “irretrievable breakdown of marriage”, even though this specific ground wasn’t mentioned in the Hindu Marriage Act. This allowed the Court to address situations where couples were stuck in irreparable marriages but couldn’t get a divorce because the law didn’t recognize such cases.
- More recently, Article 142 came into the spotlight during the “Chandigarh Mayoral Poll” case, where the Supreme Court overturned the results of a mayoral election due to misconduct by the returning officer. By invoking Article 142, the Court ensured that electoral integrity was maintained, even though the legal process might not have offered a straightforward remedy.
Guidelines for the use of Article 142
In a recent Landmark Judgement – “High Court Bar Association Allahabad v. The State of Uttar Pradesh 2024 INSC 150 (29 February 2024)”, the Supreme Court laid down the following guidelines for the exercise of its powers under Article 142 of the Constitution:
- It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour;
- The Court cannot ignore the substantive rights of the litigants;
- The Court can issue directions to the Courts for streamlining procedural issues, however, the Court cannot affect the substantive rights of those litigants who are not parties to the case before it. The right to be heard before an adverse order is passed is a substantive right; and
- It must not defeat the principles of natural justice
Conclusion
Article 142 is important because it gives the Supreme Court a tool to ensure that justice is not limited by the technicalities of outdated laws or procedural delays. It allows the judiciary to act swiftly and effectively when necessary, ensuring that the spirit of justice prevails over the letter of the law. However, this power is not without its limitations. The Court has to be careful not to overstep its bounds and ensure that the use of Article 142 does not infringe on the fundamental rights of individuals or the principles of natural justice.
gopaldevanahalli 