POWER OF THE SUPREME COURT TO DO COMPLETE JUSTICE UNDER ARTICLE 142 OF THE CONSTITUTION OF INDIA
Article 142 (1) of the Constitution empowers the President to pass such order or such decree as it is necessary for doing complete justice in matter pending before it. Any such order or decree is enforceable throughout the territory of India.
Article 142 (2) empowers the Supreme Court to make any order for the purposes of securing attendance of any person, the discovery and production of any documents, or the investigation or punishment of any contempt of itself.
POWER TO DOING COMPLETE JUSTICE
Power to doing complete justice under Article 142 (1) is exclusive power available to the Supreme Court. No such power is available with a High Court.
This power cannot be curtailed even by legislation passed by Parliament. The power under Article 142 (1) is residuary, supplementary, and complementary in nature and can be exercised when it is just and equitable to do so.
The Supreme Court has held that it is advisable to leave the power under Article 142 undefined and uncatalogued so that it remains elastic enough to suit the situation of the case.
The Supreme Court has invoked its powers under Article 142 in several cases. In Union Carbide Corporation Vs Union of India ( 1989) 1 SCC 674 (Bhopal Case) the Supreme Court recorded a settlement between the parties and terminated the civil and criminal proceedings invoking its power under Article 142. The Court observed that prohibitions and limitations of statutory laws do not apply to Article 142 but the Court may evolve prohibitions and limitations on considerations of public policy.
In Delhi Judicial Services Association Vs State of Gujarat (1991) 4 SCC 406 the Supreme Court has initiated contempt proceedings against some police officials for assaulting, handcuffing and maliciously prosecuting chief judicial magistrate. The Supreme Court quashed the criminal proceeding against the CJM invoking its power under Article 142 of the Constitution.
The Supreme Court in Supreme Court Bar Association Vs Union of India (2000) 1 SCC 278 overruled its decision in Vinay Mishra Case wherein the delinquent advocate has been debarred from practice.The Supreme Court noted that Advocates Act, 1961 provides a procedure for debarring an advocate from practice and the said right cannot be taken away under Article 142 of the Constitution.
Thus, the Supreme Court can ignore statutory provisions under Article 142 only in exceptional circumstances. Only such statutory provisions can be ignored which are not based on public policy.
ENFORCEMENT OF DECREES AND ORDERS OF THE SUPREME COURT
The Federal Court under Government of India Act, 1935 has no machinery to execute the order passed by it. The orders passed by the Federal Court was declaratory in nature. This position has changed under the Constitution. Article 142 (1) makes the decree or order passed by the Supreme Court enforceable throughout India.
One of the ways of enforcing order of the Supreme Court is by exercise of the contempt jurisdiction. If order of the Supreme Court is not complied with, the Supreme Court can initiate contempt proceedings.
The Supreme Court has also been granted extensive power to make order for securing attendance of any person residing in any part of territory of India. The Supreme court can also order for discovery and production of any document. Article 142 (2) also empowers the Supreme Court to order for investigation or punishment of any contempt of itself. Power to punish under Article 142 (2) does not in any way restrict the contempt powers of the Supreme Court under Article 129, which emanates from its being a court of record.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.