Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
What is Article 142?
What to study?
For Prelims: Overview and applicability of Article 142.
For Mains: Need for and significance of these powers for the Supreme Court.
Context: In an extraordinary display of its constitutional powers under Article 142 of the Indian Constitution, the Supreme Court has stripped Manipur Cabinet Minister T. Shyamkumar, who is facing disqualification proceedings for defection, of his office and banned him from entering the Assembly with immediate effect.
What’s the issue?
The apex court took this decision after Speaker Y. Khemchand Singh, even after the one month”s period given by the apex court, failed to decide on the disqualification petition pending against Shyamkumar. Instead, the Speaker sought adjournment for eight weeks on the matter.
What is Article 142?
Article 142 “provide(s) a unique power to the Supreme Court, to do “complete justice” between the parties, i.e., where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case.
Article 142(1) states that “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe”.
- Disqualification of MLAs under 10th
- Exceptions under the schedule.
- Examples of invocation of Article 142 by the Supreme Court.
- Similar powers to High Courts.
- Original vs Appellate jurisdictions.
- Judicial review of Speaker’s decisions.
“The Supreme Court’s use of its vast powers under the Article 142 has done tremendous good to many deprived sections. However, it is time to institute checks and balances.” Discuss.
Sources: the Hindu.