ARTICLE 142 – Power of Supreme Court to Do “Complete Justice”
📰 Why in the News?
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The Supreme Court nullified the Chandigarh Mayor Election result using its power under Article 142 to ensure complete justice.
Recently, the Vice-President criticized Article 142 as a “nuclear missile against democratic forces”, especially after its use in the Tamil Nadu Governor's case.
🧠 What Is Article 142?
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Article 142(1): The Supreme Court can pass any order or decree to do complete justice in any matter before it.
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This article empowers the SC to go beyond legal limitations and deliver justice in exceptional cases.
You can think of the Supreme Court's orders under Article 142 as something like a temporary solution — similar to an ordinance — which fills a gap until a proper law is made by the legislature.
✅ Example of Article 142 in Action: Vishaka Guidelines Case
Case Name: Vishaka & Others vs. State of Rajasthan (1997)
Background: A woman named Bhanwari Devi, a social worker, was gang-raped while trying to stop child marriage.
Problem: At that time, there was no specific law to protect women from sexual harassment at the workplace.
What the Supreme Court Did (using Article 142):
The SC used its powers under Article 142 to create the “Vishaka Guidelines” for workplace safety of women.
These guidelines were to be followed until Parliament made a proper law.
Outcome:
Later, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed by the Parliament.
🔎 This shows how Article 142 helped the SC to deliver "complete justice" even when no law existed, by stepping in to protect women's rights.
💡 What is “Complete Justice”?
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It means delivering fair and full justice even if existing laws are silent or inadequate.
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The court may fill legal gaps and ensure justice based on constitutional values and evolving societal needs.
📜 Powers under Article 142
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The SC can issue directions to governments, pass orders that act like temporary laws.
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Used to protect rights, fix legislative gaps, and promote public interest.
✅ Positive Impacts of Article 142
| Case | Contribution |
|---|---|
| 🔹 Vishaka v. State of Rajasthan (1997) | Issued Vishaka Guidelines to prevent sexual harassment at workplaces (led to 2013 Act). |
| 🔹 K.S. Puttaswamy v. Union of India (2017) | Recognised Right to Privacy as a Fundamental Right. |
| 🔹 Union Carbide (Bhopal Gas Tragedy) | Ensured compensation to victims. |
| 🔹 Babita Puniya case (2020) | Granted permanent commission to women officers in Army. |
| 🔹 Coal Scam (2014) | Cancelled 214 coal blocks allocated illegally. |
⚠️ Concerns / Criticism
| Issue | Example |
|---|---|
| 🔸 Too much discretion | Judges decide what is “complete justice” – very subjective. |
| 🔸 Judicial Overreach | S.R. Bommai Case (1994) – blurred line between judiciary and executive. |
| 🔸 No accountability | No clear check on SC’s use of Article 142. |
| 🔸 Lack of consistency | Different benches interpret and apply Article 142 differently. |
🛤️ Way Forward
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✔ Define “complete justice” clearly to avoid misuse.
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✔ Refer such cases to Constitution Bench (5 or more judges).
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✔ Set guidelines for using Article 142 fairly.
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✔ Ensure transparency and accountability.
🗂️ Example to Understand
Case: A woman suffers harassment at work, but no specific law exists at the time.
What SC Did: Used Article 142 in Vishaka case to issue guidelines for workplace safety — until Parliament made a law.
Outcome: Prevention of Sexual Harassment Act, 2013 was later enacted.
📊 DIAGRAM – Role of Article 142
[Legal Vacuum] → [SC Intervention via Art. 142] → [Guidelines/Orders] → [Ensures Justice] → [Law Made Later]
📝 MCQs – Practice Questions
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Which Article empowers the Supreme Court to pass any order to ensure complete justice?
a) Article 141
b) Article 142 ✅
c) Article 32
d) Article 136 -
Vishaka Guidelines were issued under which constitutional provision?
a) Article 32
b) Article 226
c) Article 142 ✅
d) Article 368 -
What is the main criticism of Article 142?
a) Judicial transparency
b) No scope for activism
c) Too much judicial discretion ✅
d) None of the above