National News

Article 142

Why in News ..?

Recently, the Supreme Court has invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and ordered the release of A.G. Perarivalan in former prime minister Rajiv Gandhi Assassinated

• The court protected federalism by holding that States had the power to aid and advice the Governor in case of pleas of pardon under Article 161 made by convicts in murder cases.
• Article 161 provides that the Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends

What is the Supreme Court Rulling

• Tamil Nadu Council of Ministers’ advice in 2018 to pardon Perarivalan was binding on the Governor under Article 161 (Governor’s power of clemency) of the Constitution.
• The Governor’s reluctance to take a call on the pardon plea has compelled the court to employ its constitutional powers under Article 142 to do justice to Perarivalan.
• The Supreme Court used Article 142 of the Constitution that grants it extraordinary powers to do complete justice, to release Perarivalan.
• The court dismissed the Centre’s argument that the President exclusively, and not the Governor, had the power to grant pardon in a case under Section 302 (murder) of the Indian Penal Code saying this contention would render Article 161 a “dead-letter” and create an extraordinary situation whereby pardons granted by Governors in murder cases for the past 70 years would be rendered invalid.

What is Article 142..?

Article 142 “provide(s) a unique power to the Supreme Court, to do “complete justice” between the parties, i.e., where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case.

What are the important instances where the Supreme Court has invoked its plenary powers under Article 142

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”.

Manohar Lal Sharma v. Principal Secretary- the Supreme Court can deal with exceptional circumstances interfering with the larger interest of the public in order to fabricate trust in the rule of law.

A.R. Antulay v. R.S. Nayak– the Supreme Court held that any discretion which is given by the court should not be arbitrary or in any way be inconsistent with provisions of any statute laid down

Laxmi Devi v. Satya Narayan- Supreme Court had ordered the accused, under Article 142, to award compensation to the victim with whom he had sexual intercourse with a promise to marry and had later retracted his promise. Also, the order made clear that the accused should not be convicted of rape

Union Carbide Corporation v. Union of India– In Bhopal Gas Tragedy Case, the court ordered to award compensation to the victims and placed itself in a position above the Parliamentary laws

What are some other popular instances where the Supreme Court has used its power under Article 142?

Manipur Speaker Case- Keisham Meghachandra Singh v. Hon’ble Speaker, Manipur Legislative Assembly.

Divorce On The Ground Of Irretrievable Breakdown Of Marriage- Munish Kakkar v. Nidhi Kakkar.

Advantages of Article 142

• Whenever the executive or legislature fails to defend people’ rights and uphold constitutional ideals, the judiciary has used its powers under Article 142 to do so.
• As the constitutional protector, Article 142 gives it the capacity to fill statutory gaps.
• It also establishes a system of checks and balances for the government’s other branches.For instance:
  • The Supreme Court established norms to safeguard a woman from sexual harassment at work in the case of Vishakha v State of Rajasthan.
  • In the Bandhua Mukti Morcha Case, the Supreme Court of India handed down a landmark verdict on India’s bonded labour system.
  • In the case of Olga Tellis, the right to subsistence was held to be an integral aspect of the right to life.

Disadvantages of Article 142

• Unaccountable: One of the drawbacks of the Supreme Court’s powers under Article 142 has been that, unlike the executive and legislature, it can’t be made accountable for its verdicts.
  • In one of the rulings, for example, the highest court outlawed e-rickshaws in specific sections of Delhi without providing alternatives. It cannot, however, be held liable for infringing on the basic right to engage in any profession or business.
• Judicial Under-reach: The issue of judicial under-reach develops when courts, despite possessing jurisdiction, shirk their obligations, leading to injustice.
  • The majority of petitions/appeals brought before the Supreme Court via Article 136 of the Indian Constitution are rejected, although the court’s justices are not required to explain why.
• Public faith in the government’s integrity, quality, and efficiency can be eroded by frequent court interference.