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Article 142 of the Constitution of India: A Comprehensive Analysis
Introduction: The Constitution of India, adopted on January 26, 1950, is the supreme law of the land. It provides the framework for governance and the functioning of various institutions in the country. Article 142 of the Indian Constitution holds a unique position as it grants extensive powers to the Supreme Court of India. This article empowers the court to deliver justice in exceptional cases where existing laws and provisions fall short.
Article 142: Scope and Interpretation: Article 142 of the Constitution of India reads as follows: "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."
Essentially, Article 142 confers upon the Supreme Court discretionary power to pass any decree or order necessary to ensure complete justice. The provision empowers the court to go beyond existing laws and enactments in order to achieve fairness and justice in exceptional cases. It enables the court to provide remedies in situations where the existing legal framework may be inadequate or insufficient.
Salient Features and Significance:
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Wide Discretionary Power: Article 142 provides the Supreme Court with immense discretionary power. It allows the court to take into account the unique circumstances of each case and devise appropriate remedies, even if they deviate from established legal principles. This power is crucial in addressing complex and extraordinary situations that require immediate attention.
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Expansive Jurisdiction: Article 142 extends the jurisdiction of the Supreme Court to include not only cases pending before it but also matters that may arise outside the court's jurisdiction. It enables the court to intervene in matters falling within the jurisdiction of other courts or tribunals, ensuring that justice is not impeded due to jurisdictional constraints.
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Harmonization and Equity: The primary objective of Article 142 is to achieve complete justice, promoting equity and fairness. The provision enables the Supreme Court to harmonize conflicting interests and ensure the overall well-being of society. It allows the court to strike a balance between individual rights and societal interests, thereby serving as a vital instrument in the pursuit of justice.
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Flexibility and Adaptability: Article 142 reflects the framers' intent to provide a dynamic legal framework that can adapt to evolving societal needs. The provision allows the Supreme Court to fashion appropriate remedies in response to emerging challenges and circumstances, thereby ensuring the continued relevance of the judicial system.
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Limitations and Safeguards: While Article 142 grants wide discretionary power to the Supreme Court, it is subject to certain limitations and safeguards. The court's exercise of power under this article must be guided by the principles of fairness, reasonableness, and constitutional values. The provision does not authorize the court to encroach upon the domain of the legislature or contravene the basic structure of the Constitution.
Noteworthy Judicial Pronouncements: Over the years, the Supreme Court of India has invoked Article 142 in several landmark cases. Some notable instances include:
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Compensation for Victims: In the Bhopal Gas Tragedy case, the Supreme Court utilized Article 142 to secure compensation for the victims, bypassing the limitations of existing laws. The court ordered Union Carbide Corporation to pay a substantial amount as compensation for the environmental and human loss caused by the disaster.
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Environmental Protection: Article 142 has been invoked to address environmental concerns. In various cases, the Supreme Court has utilized this provision to issue directives for the protection and preservation of the environment. For instance, in the Vellore Citizens Welfare Forum v. Union of India case, the Supreme Court, exercising its powers under Article 142, issued directions to control industrial pollution and protect water bodies.
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Criminal Justice Reforms: Article 142 has also been instrumental in bringing about reforms in the criminal justice system. In the case of Shabnam v. Union of India, the Supreme Court commuted the death sentence of a woman on death row to life imprisonment. The court invoked Article 142 to ensure justice, taking into consideration the unique circumstances of the case.
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Resolving Inter-State Water Disputes: Inter-state water disputes have been a persistent challenge in India. The Supreme Court, in numerous instances, has invoked Article 142 to effectively resolve such disputes. For instance, in the Cauvery Water Disputes case, the court utilized its powers under Article 142 to issue directions for the equitable distribution of water between the states of Tamil Nadu, Karnataka, Kerala, and Puducherry.
Conclusion: Article 142 of the Constitution of India is a significant provision that empowers the Supreme Court with discretionary powers to ensure complete justice in exceptional cases. It enables the court to fill gaps in existing laws and provide appropriate remedies in unique circumstances. The provision plays a vital role in promoting fairness, equity, and the overall well-being of society. However, the exercise of power under Article 142 is subject to limitations and safeguards, ensuring that it aligns with constitutional principles and does not encroach upon the domain of the legislature. The judicious use of this provision has resulted in several landmark decisions that have had a profound impact on various aspects of Indian society, including compensation for victims, environmental protection, criminal justice reforms, and resolution of inter-state disputes. As India progresses, the continued interpretation and application of Article 142 will remain crucial in ensuring justice in evolving and complex situations.
