Key Provisions

• Part 1 of the Article 142 authorizes the Supreme Court to issue any judgment/order necessary to ensure complete justice in any case.
• Part 2 allows the Court to:
  • • Ensure attendance of any individual.
    • Ensure the discovery and production of documents.
    • Investigate and punish contempt of court.

Judicial activism

• It allows the court to bypass statutory limitations to ensure complete justice, the court can take actions that go beyond legislative restrictions.
• The court can overrule any laws/Acts/orders if it believes it is necessary for complete justice. 
  • • This was established in the Union Carbide Corp v/s Union of India case, where the Court ruled that the powers under Article 142 could supersede ordinary laws.
• In Prem Chand v/s Excise Commissioner case, the Supreme Court first established that the power under Article 142 extends beyond procedural guidelines.

Complete Justice

• Under Article 142, the term “complete Justice” refers to the Supreme Court's discretion to ensure fairness and equity in cases, even if it means going beyond the strict writing of the law. This is done to ensure that no one is denied justice.

Concern

• Powers Under Article 142 goes against the principle of the Separation of Power.
• The Constitution clearly divides power among the Legislative, Executive, and Judiciary branches, however the Supreme Court's broad application of Article 142 violates the powers of the Legislature or the Executive.

Limitations

• A five-judge Constitution Bench in High Court Bar Association, Allahabad v/s State of Uttar Pradesh & Others reinterpreted Article 142. 
  • • The Court should only use Article 142 in rare situations that require immediate action for fair dispute resolution. 
    • The authority must serve the cause of justice while not overriding fundamental principles or statutory provisions.
    • It clarifies the scope of Article 142 and establishes guidelines for preventing the misuse of interim orders to provide a balanced perspective on judicial powers.
• The case established a model for a careful, case-specific approach to judicial power under Article 142 to promote justice without compromising basic rights, procedural fairness, or High Court jurisdiction to create a balanced legal framework.

PRACTICE QUESTION

Q.Consider the following statements in the context of the Plenary Powers of the Supreme Court:

1.  It empowers the Supreme Court to issue any order necessary to ensure complete justice in any case.

2. It provides absolute powers that can be exercised even if it contradicts existing laws.

Which of the above statements is/are correct?

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2

Answer: A

Explanation:

Statement 1 is correct:

Indian Constitution under the Article 142 of the Indian Constitution authorises the Supreme Court to issue any judgment or order necessary to ensure complete justice in any case or matter pending before it.

Statement 2 is incorrect:

A five-judge Constitution Bench reinterpreted Article 142 in High Court Bar Association, Allahabad v/s State of Uttar Pradesh & Ors. The Court emphasizes that Article 142 must uphold justice without violating natural justice or substantive rights under law and upholding constitutional principles.