Article 142 of Indian Constitution and Its Relation to Judicial Activism and Judicial Restraint

PWOnlyIAS February 22, 2024 12:52 1803 1

Supreme Court of India invoked the powers conferred under Article 142 of Constitution for overturning the Chandigarh Mayor election results of the Chandigarh Municipal Corporation.

Article 142 of Indian Constitution and Its Relation to Judicial Activism and Judicial Restraint

Context

Recently, Supreme Court of India invoked the powers conferred under Article 142 of Constitution for overturning the Chandigarh Mayor election results of the Chandigarh Municipal Corporation.

Introduction to Article 142 of Indian Constitution

Article 142 of Indian Constitution is a unique provision that empowers the Supreme Court to deliver ‘complete justice‘ in any case under its purview.
It is fundamental in ensuring justice is served beyond the limitations of statutory law.
Evolving Jurisprudence: The interpretation of Article 142 has evolved through various landmark judgments, although the Article itself has not been formally amended.

Article 142 of Indian Constitution

Background of Article 142 of Indian Constitution

Origins: The genesis of Article 142 lies in the framing of the Indian Constitution.
It was envisioned to endow the Supreme Court with expansive judicial powers, reflecting the need for a versatile approach in complex legal environments.

Scope and Authority Under Article 142 of Indian Constitution

Jurisdiction and Reach: Article 142’s jurisdiction is wide-ranging, allowing the Supreme Court to issue orders transcending specific legislative provisions.
This encompasses authority in both civil and criminal matters, emphasizing the court’s role in delivering comprehensive justice.

Landmark Cases Involving Article 142 of Indian Constitution

Kesavananda Bharati Case (1973): The Supreme Court employed Article 142 to establish the ‘basic structure doctrine’, thereby limiting Parliament’s amendment powers.
Shah Bano Case (1985): A pivotal use of Article 142 in granting alimony to a Muslim woman, leading to significant legal and social discourse on personal law versus secularism.
Vishaka Guidelines (1997): Invoking Article 142, the Court laid down guidelines against sexual harassment at the workplace.
Coal Block Allocation Case (2014): The Supreme Court used Article 142 to cancel 214 coal block allocations, citing corruption and illegality.
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.
BCCI Reforms (2016): The Court implemented reforms in the Board of Control for Cricket in India, stressing transparency and accountability.

Article 142 of Indian Constitution and Its Significance in Indian Judiciary

Judicial Empowerment: Article 142 is a cornerstone for the Indian judiciary, embodying the principle of delivering justice beyond the black-and-white text of the law. It solidifies the Supreme Court’s role as the ultimate arbiter of justice.
Checks and Balances: Application of Article 142 is bounded by judicial restraint to avoid encroachment on legislative prerogative or to contravene existing laws.
Shaping the Legal Landscape: The application of Article 142 in future cases will continue to define the judiciary’s approach to addressing complex legal issues, balancing justice delivery with the separation of powers principle.
Debate over Judicial Overreach: Article 142 has been criticized for potentially leading to judicial overreach, as it allows the Supreme Court to make sweeping decisions that could infringe upon the legislative and executive domains.
Enabling Progressive Legal Interventions: Article 142 has been instrumental in judicial activism in India, enabling the Supreme Court to take proactive measures in matters of public interest and social justice.
International Perspective: While similar provisions exist in other countries, Article 142 is distinct in its broad empowerment of the Indian judiciary, allowing a more interventionist approach compared to its global counterparts.

DIFFERENCES BETWEEN JUDICIAL REVIEW, JUDICIAL ACTIVISM, JUDICIAL RESTRAINT, JUDICIAL OVERREACH IN THE SUPREME COURT OF INDIA

Judicial Review	Judicial Activism	Judicial Restraint	Judicial Overreach
Judiciary examines the constitutionality of legislative enactments and executive orders of both the Central and state governments.	Proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society.	Self-control exercised by the judiciary and limiting itself only to interpretation of original intent of constitution makers.	When the judiciary oversteps the powers given to it, it may interfere with the proper functioning of the legislative or executive organs of government.
Enabling in nature	Enabling in nature	Restrictive, limiting nature.	Encroaching and predatory in nature.
Not mentioned in constitution	Not mentioned in constitution	Not mentioned in constitution	Not mentioned in constitution
Origin- Art.13, 32, 226 etc.	Origin- Judicially innovated	Origin- Judicially innovated	Origin- Judicially innovated
Desirable in any democracy to protect rights of citizens.	Desirable in any democracy to protect rights of citizens and provide justice to people.	Desirable in any democracy to protect and respect separation of power and independence of other organs.	Undesirable in any democracy. It destroys the spirit of separation of powers
E.g.- Striking down of the Section 66A of the IT Act as it was against the Fundamental Rights guaranteed by the constitution.	E.g– National Green Tribunal (NGT) banning diesel trucks older than 10 years in Delhi etc.	E.g– In S.R Bommai case the judges said that there are certain situations where the political element dominates and no judicial review is possible.	E.g Misuse the power to punish for contempt of court.

Criticism of Article 142 of Indian Constitution

Ambiguity: The sweeping nature of these powers has invited the criticism that they are arbitrary and ambiguous.
- Ambiguity persists despite attempts by the Supreme Court to clarify the phrase ‘complete justice,’ leading to confusion regarding the invocation of Article 142.
Violates the separation of powers doctrine, suggesting that the judiciary should refrain from legislative matters to prevent potential judicial overreach.
- Drafting Committee of the Indian Constitution deliberately restricted the scope of these powers to exceptional circumstances.
Judicial Overreach: Some argue that Article 142 is often used to address gaps in legislation, promoting judicial overreach.
- For instance, the Supreme Court’s decision to ban liquor sales near highways adversely impacted various businesses, leading to widespread unemployment.

Way Ahead

It’s imperative for the Apex Court to establish clear guidelines for the judicious use of Article 142, emphasizing judicial restraint.
Each application of this provision should prioritize societal welfare while safeguarding individual rights.

Conclusion

Article 142 remains a testament to the Indian judiciary’s commitment to ensuring justice in its fullest sense. Its judicious application is key to maintaining the rule of law and democratic ethos.

Also Read: Revival Of RTI Act: Supreme Court Verdict On Electoral Bond

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Frequently Asked Questions

Article 142 of the Constitution provides this unique power.

The Kesavananda Bharati case, which established the basic structure doctrine.

It does not override laws but complements them to ensure justice.

It empowers the Court to proactively address social justice and public interest issues.

The BCCI reforms in 2016, mandating organizational transparency and accountability.

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Article 142 of Indian Constitution and Its Relation to Judicial Activism and Judicial Restraint

Context

Introduction to Article 142 of Indian Constitution

Background of Article 142 of Indian Constitution

Scope and Authority Under Article 142 of Indian Constitution

Landmark Cases Involving Article 142 of Indian Constitution

Article 142 of Indian Constitution and Its Significance in Indian Judiciary

DIFFERENCES BETWEEN JUDICIAL REVIEW, JUDICIAL ACTIVISM, JUDICIAL RESTRAINT, JUDICIAL OVERREACH IN THE SUPREME COURT OF INDIA

Criticism of Article 142 of Indian Constitution

Way Ahead

Conclusion

Frequently Asked Questions

What enables the Indian Supreme Court to deliver 'complete justice'?

What was a landmark case involving Article 142?

Can Article 142 override existing laws?

How does Article 142 impact judicial activism?

What is a recent example of Article 142’s application?

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