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.