Article 142 of the Constitution

Context:

• In a recent judgment, the Supreme Court invoked Article 142 of the Constitution to appoint a postal assistant after the postal department refused to hire him despite his high merit list ranking.

Article 12 and Public Employer

The Supreme Court held that a public employer, which is a ‘state’ within the meaning of Article 12 of the Constitution, would have no authority to act in an arbitrary manner.

What is Article 142 of the Indian Constitution?

• Article 142 of the Constitution deals with the Supreme Court’s power to exercise its jurisdiction and pass order for doing complete justice in any cause or matter pending before it. 
• 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.

Why was Article 142 included in the Constitution?

• Article 142 was envisaged to allow the Supreme Court the opportunity to provide ‘complete justice’ to even those who may have been wrongly sentenced or denied justice due to the intricacies or inefficacies of the legal justice system. 
• The article was meant to empower the apex court to deliver justice in exceptional cases without being hindered by legal or bureaucratic red tape.

What are significant cases where Article 142 was invoked?

• 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.
• Bhopal Gas Tragedy:The Supreme Court 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. 

News Source: The Hindu          

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