Article 142: Power of Supreme Court to review its own judgment

The Constitution of India is the supreme law of the land and it establishes the framework for the governance of the country. It also confers various powers and functions to different organs of the state, such as the legislature, the executive and the judiciary. Among them, the judiciary plays a vital role in upholding the rule of law, protecting the fundamental rights of the citizens and ensuring justice for all.

The Supreme Court of India is the apex judicial body in the country and it has the authority to interpret and apply the Constitution and other laws. It also has the power to review its own judgments and to pass any order necessary to do complete justice in any matter pending before it. This power is derived from Article 142 of the Constitution, which reads as follows:

"Article 142: Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

(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 order prescribe.

(2) Subject to the provisions of any law made on 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 to secure the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself."

Article 142 provides a unique power to the Supreme Court, to do “complete justice” between the parties, where, at times, the law or statute may not provide a remedy. In those situations, the Court can extend itself to put an end to a dispute in a manner that would fit the facts of the case. However, this power is not unlimited or arbitrary. It is subject to certain limitations and principles that guide its exercise.

One of the limitations is that Article 142 cannot be used to override or disregard the express provisions of any law or statute. The Court cannot create new rights or liabilities that are not sanctioned by law. The Court cannot also act against the principles of natural justice or violate the fundamental rights of any person. The Court must also ensure that its orders are consistent with its own precedents and do not create confusion or uncertainty in the legal system.

Another limitation is that Article 142 cannot be used to substitute judicial review for legislative or executive action. The Court cannot assume the role of a policymaker or a lawmaker under the guise of doing complete justice. The Court cannot also issue directions that are vague, general or sweeping in nature. The Court must confine its orders to each case's specific facts and circumstances and give reasons for its decisions.

A third limitation is that Article 142 cannot be used to exercise judicial activism without judicial restraint. Judicial activism means that the Court uses its power to intervene in matters that are not adequately addressed by other organs of the state or to protect the public interest or social justice. Judicial restraint means that the Court exercises self-control and does not encroach upon the domains of other organs or interfere with their functions. The Court must balance these aspects while using Article 142 and act with caution and wisdom.

Article 142 is a provision that reflects the trust and confidence that the Constitution reposes in the Supreme Court as the guardian of justice in India. It enables the Court to deal with exceptional situations where justice may otherwise be denied or delayed. It also empowers the Court to innovate and adapt to changing times and circumstances. However, it also imposes a great responsibility on the Court to use this power judiciously and sparingly, and only in furtherance of justice and not otherwise.

FAQs on Article 142 - the power of the Supreme Court to review its own judgment

Q: What is Article 142 of the Constitution of India?

 A: Article 142 is a provision that empowers the Supreme Court to pass any order necessary for doing complete justice in any cause or matter pending before it. It is a discretionary power that allows the Court to go beyond the strict interpretation of the law and use its wisdom and creativity to resolve disputes.

Q: What are the sources and origins of Article 142? 

A: Article 142 is derived from the concept of “justice, equity and good conscience” that was applied by the British courts in India in the absence of any specific law. It is also inspired by the similar powers conferred on the Federal Court under the Government of India Act, of 1935. It was adopted by the Constituent Assembly on 27 May 1949.

Q: What are the limitations and principles of Article 142?

A: Article 142 is not an unlimited or arbitrary power. It is subject to certain limitations and principles that guide its exercise. Some of them are:

Article 142 cannot override or disregard the express provisions of any law or statute.

Article 142 cannot violate any person's fundamental rights or natural justice. any person's fundamental rights or natural justice

Article 142 cannot substitute judicial review for legislative or executive action.

Article 142 cannot issue vague, general or sweeping directions.

Article 142 must be consistent with its own precedents and must give reasons for its decisions.

    Q: What are the benefits and challenges of Article 142? 

A: Article 142 is a beneficial provision that enables the Supreme Court to deal with exceptional situations where justice may otherwise be denied or delayed. It also empowers the Court to innovate and adapt to changing times and circumstances. However, it also poses some challenges such as:

Article 142 may create uncertainty or confusion in the legal system if used without rational justification or principle.

Article 142 may encroach upon the domains or functions of other organs of the state if used without judicial restraint.

Article 142 may invite criticism or controversy if used without judicial accountability or transparency.