Article 142

• Constitutional provision: Article 142 deals with the enforcement of decrees and orders of the Supreme Court.
• Complete justice: It empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it.
• Territorial enforcement: Any decree or order passed under Article 142 is enforceable throughout the territory of India.
• Nature of power: It is an extraordinary and discretionary power of the Supreme Court.
• Purpose: It enables the Court to provide effective remedies where existing legal provisions may not be sufficient to achieve complete justice.
• Limitation: Article 142 is not an unrestricted power to override substantive statutory provisions.
• Article 141: Law declared by the Supreme Court is binding on all courts in India.
• Article 142: Enables the Supreme Court to pass orders to “do complete justice”.
• Article 136: Deals with the Supreme Court’s power to grant Special Leave to Appeal.

Prelims Question — English

Q. With reference to Article 142 of the Constitution of India, consider the following statements:

1. It empowers the Supreme Court to pass orders necessary for doing complete justice.
2. Orders passed under Article 142 are enforceable throughout the territory of India.
3. The power under Article 142 allows the Supreme Court to override any substantive law enacted by Parliament.

Which of the statements given above is/are correct?

A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3

Answer: B. 1 and 2 only

Explanation: Article 142 empowers the Supreme Court to pass orders necessary for doing complete justice. Such orders are enforceable throughout India. However, the power is not an unrestricted authority to override substantive statutory law.