Using its unusual constitutional authority under Article 142, the Supreme Court has provided full justice to a fifty-year-old man who had battled the postal department for almost thirty years, refusing to hire him even though his name was highly qualified.
What is Article 142?
Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses:
[1] Article 142(1)
- In the course of exercising its authority, the Supreme Court may issue any decree or order required to ensure that any case or matter that is before it receives full and fair justice.
- Any such order or decree that is made or passed will be binding on all of India.
- It can be done in the way specified by or under any law passed by Parliament, and until such time as a provision is made, it can be done in the way that the President specifies by order.
[2] Article 142(2)
- The Supreme Court will have complete authority to issue whatever orders necessary to ensure that someone appears, that documents are found or produced, that any contempt of court is looked into, or that someone is punished.
Important instances when Article 142 was invoked
- In the Bhopal Gas tragedy case, the Supreme Court decided that “prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article 142” and granted the victims $470 million in compensation.
- Case involving the demolition of the Babri Masjid: The Supreme Court directed the Center to draft a plan for the establishment of a trust so that Ram Mandir could be built at the site of the Masjid in Ayodhya.
- Liquor sale ban case: To combat drunk driving, the Supreme Court outlawed liquor stores 500 meters or less from both State and National roadways.
- Ex-PM Assassin case: The Supreme Court used Article 142(1) in the Perarivalan case to grant itself the authority to issue any order required to ensure that any matter before it is fully tried.
