Complete justice: Invoke Article 142 only in rare cases

The Tamil Nadu case has revived calls for judicial restraint in the use of this extraordinary power

- PRADEEP S. MEHTA & ANUSHKA KEWLANI

The Supreme Court's recent invocation of Article 142 to break a legislative deadlock in Tamil Nadu has re-ignited a debate over the judiciary's role in India's constitutional framework. By deeming long-pending state bills as assented-to, the court stepped in to preserve legislative intent but at the cost, some argue, of crossing into executive territory. Vice-President Jagdeep Dhankhar's sharp response, comparing Article 142 to a "nuclear missile," highlights the growing unease over judicial overreach.

Is Article 142 really such an intrusive instrument? A recent empirical study conducted by IIM Ahmedabad in 2024 reveals that between 1950 and 2023, the Supreme Court referenced the term 'complete justice' of Article 142 in 1,579 cases, the majority of which were civil cases. However, the study also found that the apex court has directly invoked its powers under Article 142 in only 791 cases.

Article 142 grants the Supreme Court the extraordinary power to pass any order deemed necessary for 'complete justice' in a matter. This provision has been pivotal in shaping some of India's landmark decisions. Notably, in Union Carbide Corporation vs Union of India (1991), it facilitated compensation for victims of the Bhopal Gas Tragedy by persuading the government to legislate the same.