Introduction

Article 142 of the Indian Constitution empowers the Supreme Court of India with extraordinary powers to deliver complete justice. It grants the court the authority to pass any order or decree necessary for doing complete justice in any matter pending before it. This article plays a vital role in ensuring the effectiveness and supremacy of the Supreme Court in the Indian judicial system.

Enforcement of Decrees and Orders

Under Article 142, the Supreme Court has the power to enforce its decrees and orders. This means that any decision or order made by the court can be implemented and enforced by the court itself. This provision ensures that the orders of the Supreme Court are not mere recommendations but have the force of law.

When the Supreme Court passes a decree or order, it becomes binding on all parties involved in the case. The court can take necessary steps to ensure compliance with its orders. It has the authority to issue directions to government authorities, individuals, or any other entity to enforce its orders.

Article 142 enables the Supreme Court to take a proactive approach in ensuring justice. It allows the court to go beyond the existing legal framework and take necessary measures to address any injustice or violation of rights that may not be adequately covered by existing laws.

Orders as to Discovery, etc.

Article 142 also empowers the Supreme Court to issue orders as to discovery, production, and examination of documents or other material evidence. This means that the court can direct parties involved in a case to provide relevant documents or evidence that may be crucial for the fair and just determination of the matter.

The court can also order the examination of witnesses or parties under oath. This provision ensures that the Supreme Court has access to all necessary information and evidence to make informed decisions. It helps in preventing any party from withholding or tampering with evidence that may be vital to the case.

The power to issue orders as to discovery, etc., enables the Supreme Court to conduct thorough and comprehensive proceedings. It ensures that all relevant facts and evidence are presented before the court, allowing for a fair and impartial adjudication of the matter.

Limitations on the Exercise of Power

While Article 142 grants extensive powers to the Supreme Court, it is important to note that these powers are not absolute. The court must exercise these powers judiciously and in accordance with the principles of natural justice.

The Supreme Court cannot use Article 142 to override or bypass the provisions of the Constitution or other laws. It cannot pass orders that are arbitrary or against the principles of fairness and equity. The court must always ensure that its exercise of power under Article 142 is within the limits prescribed by the Constitution.

Additionally, the Supreme Court cannot use Article 142 to create new laws or legislate on matters that are within the domain of the legislature. The power granted under this article is meant to supplement and complement existing laws, not replace them.

Significance of Article 142

Article 142 plays a crucial role in ensuring justice and upholding the rule of law in India. It empowers the Supreme Court to take necessary measures to address any gaps or shortcomings in the legal framework. It allows the court to provide effective remedies and relief to individuals whose rights have been violated.

This article also helps in reducing the burden on the legislature by enabling the Supreme Court to fill legislative gaps in certain situations. It ensures that justice is not delayed or denied due to the absence of specific laws.

Furthermore, Article 142 strengthens the authority and credibility of the Supreme Court. It demonstrates the court's commitment to delivering complete justice and ensures that its orders are not disregarded or undermined.

Conclusion

Article 142 of the Indian Constitution grants the Supreme Court extraordinary powers to enforce its decrees and orders and issue orders as to discovery, etc. These powers are crucial in ensuring justice and upholding the rule of law in India. However, it is essential that the court exercises these powers judiciously and within the limits prescribed by the Constitution. The significance of Article 142 cannot be overstated, as it empowers the Supreme Court to provide effective remedies and relief to individuals and fill legislative gaps when necessary.