Context: Invoking its plenary powers under Article 142 of the Constitution, the Supreme Court directed the quashing and closure of all nationwide police FIRs registered against students and protesters during the NEET-UG paper leak demonstrations.
About Article 142 of the Constitution of India:
What It Is?
- Article 142 is an extraordinary constitutional provision that equips the Supreme Court of India with inherent, plenary powers to pass any decree or make any order necessary for doing complete justice in any cause or matter pending before it.
Constitutional Provisions:
- Article 142(1): Empowers the Supreme Court to issue such orders/decrees as are essential to ensure complete justice between parties; decrees passed under it are enforceable across the entire territory of India as prescribed by Parliament or presidential order.
- Article 142(2): Confers extensive procedural and investigatory authority upon the Court to secure witness attendance, demand discovery or production of documents, and investigate or punish contempt of court.
Key Features of Article 142
- Power to ensure complete justice: Article 142 gives the Supreme Court wide powers to pass any order necessary to ensure complete justice in a case before it. This power flows directly from the Constitution.
- Not restricted by ordinary laws: The Supreme Court has held in Union Carbide Corporation v. Union of India and Delhi Judicial Service Association that ordinary statutory limitations cannot restrict its constitutional power under Article 142.
- Available only to the Supreme Court: Article 142 is an extraordinary constitutional power exclusive to the Supreme Court. High Courts cannot exercise the same power while deciding cases under Article 226 (Anil Kumar Jain v. Maya Jain).
- Helps address gaps in law: Where the existing legal framework is inadequate, the Court can use Article 142 to provide appropriate remedies until the legislature or executive acts.
- Subject to constitutional limits: Article 142 is wide but not unlimited. In Prem Chand Garg (1963) the Court clarified that the power cannot be exercised in a manner that violates fundamental rights or ignores substantive provisions of law.
Significance:
- It enables the Court to provide fair and case-specific remedies, particularly in exceptional situations where ordinary legal remedies may prove inadequate.
- The provision enables the Supreme Court to respond effectively when executive inaction, administrative failure or exceptional circumstances threaten justice.
