Important for GS Prelims: Environment
About
- Article 142 empowers the Supreme Court of India to pass any decree or order necessary for “doing complete justice” in any case or matter pending before it.
- It is an extraordinary constitutional power available only to the Supreme Court, not to High Courts
- Orders passed under Article 142 are enforceable throughout the territory of India.
Constitutional Provision
Article 142(1)
- The Supreme Court may pass any decree or order necessary for complete justice in a case before it.
- Such orders are binding and enforceable across India.
Article 142(2)
- The Supreme Court may secure the attendance of persons, order discovery or production of documents, or investigate contempt, subject to laws made by Parliament.
Key Features
- Available only to the Supreme Court.
- Ensures complete justice where existing laws may not provide an adequate remedy.
- Supplementary power that fills legal gaps in exceptional situations.
- Cannot ordinarily be exercised in a manner that violates Fundamental Rights or the basic constitutional framework.
Conclusion
- Article 142 is a unique constitutional provision that enables the Supreme Court to ensure complete justice while upholding the constitutional framework.
| This concept has been elaborately discussed in the following article: Supreme Court on Prior Environmental Clearance (EC) for Infrastructure Projects |