When Statute Articles made headlines

Article 142 is in news as it is evident from the reactions almost on a daily basis. Before I get into the brasstacks, let’s delve into the features and provisions of the Article to get a fair picture of what has happened so far.

- Robin Roy

Article 142 grants extraordinary powers to the Supreme Court to deliver complete justice in any matter pending before it. The provision reflects the spirit of judicial creativity and activism, enabling the apex court to transcend procedural limitations & plug legal gaps. However, such power is to be exercised cautiously and sparingly.

It empowers the Judiciary to: Override existing laws or fill legal gaps in order to comprehensively resolve a dispute. Issue directions, enforce decrees, compel production of documents, or even punish for contempt. Exercise executive and legislative functions in certain scenarios, e.g., issue guidelines, directives, or orders to governmental bodies or other authorities. Intervene in matters concerning public interest, human rights, constitutional importance, or fundamental rights, safeguarding their interests against any form of violation or infringement.