Article 142 of Constitution of India – Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Article 142 of Constitution of India deals with Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Original Text of Article 142 of Constitution of India
(1) 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 order1 prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
Questions related to Article 142 of Constitution of India
Article 142 allows the Supreme Court to pass any decree or order necessary to do “complete justice” in any case before it. This makes it a powerful tool to deliver equitable outcomes under the Constitution of India.
Yes, this provision is unique to the Indian Constitution, giving the Supreme Court extraordinary powers to bridge legal gaps and ensure justice, as seen in several landmark rulings documented on Indian Kanoon.
While Article 142 enables the Court to go beyond the strict letter of the law, it must still act within constitutional boundaries. It cannot be used to permanently override statutory provisions in the Articles of Indian Constitution.
Notable examples include the Babri Masjid–Ram Janmabhoomi verdict, Bhopal gas tragedy compensation, and recent environmental and divorce-related cases, all extensively cited in Indian Kanoon references.
Because it gives the Supreme Court broad discretion, critics argue it may lead to judicial overreach, while supporters view it as a means to deliver justice when the law is silent or inadequate under the Indian Constitution.
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