Today, On 22nd April, The Supreme Court said High Courts cannot use the special power under Article 142 meant only for the top court. It rejected a plea and added that only the Supreme Court can give such orders for full justice in any case.
New Delhi: The Supreme Court dismissed a petition that requested the transfer of powers granted to the top court under Article 142 of the Constitution to the high courts.
Article 142 allows the Supreme Court to issue “any decree or order necessary for doing complete justice in any case or matter pending before it” throughout the country.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan expressed skepticism about the request, stating,
“How can we grant such prayer? It requires an amendment to the Constitution. You go to Parliament. Prayer made in this petition is completely misconceived. Power conferred under Article 142 of the Constitution is only on this court and not the high courts. Therefore, we cannot allow the high court to exercise the power of this court under Article 142.”
The Supreme Court was considering the plea filed by the NGO Abhinav Bharat Congress.
Article 142 of the Indian Constitution grants the Supreme Court the authority to issue any order deemed necessary for achieving “complete justice” in any case it is hearing.
This exceptional provision provides the Court with broad discretionary powers, enabling it to exceed statutory constraints or procedural laws when it is essential to uphold fairness and justice.
Specifically, Article 142(1) states that the Supreme Court may issue decrees or orders necessary for delivering complete justice in any cause or matter before it.
This power has been used in landmark cases like the Ayodhya title dispute, environmental regulation, and delays in criminal justice.
Article 142(2) allows the Court to ensure the attendance of individuals, the discovery or production of documents, and the investigation or punishment of contempt.
This article has been invoked in numerous landmark cases to achieve just outcomes, even when existing laws offered no direct solutions. However, some critics contend that an overreliance on Article 142 could undermine the separation of powers between the judiciary and the legislature.
Article 142 is found in Part XIV-A of the Constitution and is a unique tool used only by the Supreme Court of India.
The Supreme Court has once again clarified that Article 142 is a special tool meant only for the apex court. High Courts, although powerful under Article 226, must not cross the line into “complete justice” jurisdiction, which remains the exclusive domain of the Supreme Court.