ARTICLE
142 - POLITY
News:
Explained: What is
Article 142? Why Supreme Court quashed Chandigarh mayor’s election
What's
in the news?
●
In overturning the results of the January
30 elections for the post of Mayor of the Chandigarh Municipal Corporation, the
Supreme Court invoked the sweeping powers conferred on the court under Article
142 of the Constitution.
Key
takeaways:
●
In its order, the bench — comprising Chief
Justice of India D Y Chandrachud, Justices J B Pardiwala and Manoj Misra —
hearing the case said: “We are of the considered view that in such a case, this
court is duty bound, particularly in the context of its jurisdiction under
Article 142 of the Constitution, to do complete justice to ensure that the
process of electoral democracy is not allowed to be thwarted by such
subterfuges.”
Article
142 of the Indian Constitution:
●
It deals with the Supreme Court's power to
exercise its jurisdiction and pass an order for doing complete justice in any cause or matter pending before it.
○
In those situations, the court can extend
itself to put an end to a dispute in a manner that would fit the facts of the
case.
●
It provides the apex court with a special and extraordinary power and is
meant to provide justice to litigants who have suffered traversed illegality or
injustice in the course of legal proceedings.
Original
Text:
●
Article 142(1) states that “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”.
Significant
Cases:
1.
Prem Chand Garg case (1962):
●
SC held that an order to do complete
justice between the parties “must not only be consistent with the fundamental rights guaranteed by the
Constitution, but it cannot even be inconsistent with the substantive
provisions of the relevant statutory laws,” referring to laws made by
Parliament.
2.
Babri Masjid Case:
●
The article was used in the Ram
Janmabhoomi-Babri Masjid land dispute case and was instrumental in the handover
of the disputed land to a trust to
be formed by the union government.
3.
Bhopal Gas Tragedy:
●
The SC invoked its plenary powers in the
Union Carbide vs Union Govt case and intervened to provide compensation to victims of the deadly Bhopal Gas Tragedy.
Significance:
1.
Prevents Injustice:
●
It provides a special and extraordinary
power to the Supreme Court to do complete justice to the litigants who have
suffered traversed illegality or injustice in the proceedings.
2.
Uphold Citizen’s Rights:
●
Article 142 has been invoked for the
purpose of protecting rights of the different sections of the population.
3.
Check on Government:
●
Works as a system of checks and balances
with the Government or Legislature.