Judiciary's role in complete justice: Article 142 and its implications
The article discusses the Supreme Court's inherent power under Article 142 of the Constitution to deliver 'complete justice,' especially when existing laws are inadequate. This power acts as a 'constitutional safety valve,' allowing the Court to go beyond strict procedural constraints to prevent injustice. While critics argue it can lead to judicial overreach, encroaching on executive or legislative domains, the author defends its necessity for addressing evolving social realities and ensuring substantive justice. The article clarifies that High Courts, though capable of delivering justice, do not possess powers equivalent to the Supreme Court's under Article 142, which is crucial for applying due process in rapidly changing societal contexts.
Key Points
- The Supreme Court possesses inherent power under Article 142 for delivering 'complete justice' when laws are insufficient.
- Article 142 acts as a 'constitutional safety valve,' enabling the Court to transcend procedural limitations to prevent injustice.
- The exercise of Article 142 often faces criticism for potential judicial overreach, but it is defended as essential for evolving social realities.
- High Courts can deliver justice, but their powers under Article 226 are not equivalent to the Supreme Court's under Article 142.
- The power is crucial for applying due process of law in dynamic social, economic, and political systems.
Exam Facts
- Article 142 of the Constitution empowers the Supreme Court to pass necessary orders for complete justice.
- Article 226 of the Constitution outlines the powers of High Courts.
- Key judgments cited include Delhi Judicial Service Association vs. State of Gujarat (1991) and Anil Kumar Jain vs. Maya Jain (2009).
- The concept of 'complete justice' is residuary in nature and ensures observance of due process of law.
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