Article 142 of Constitution of India

About Article 142 of Constitution of India:

Article 142 of Constitution:

• Title:Enforcement of decrees, orders of Supreme Court and orders as to discovery, etc.
• Provisions:This article has 2 provisions –
  • 142(1): The Supreme Court may pass an order for doing complete justice.
  • 142(2):It confers three different powers on the Supreme Court. They are:
    • Securing the attendance of persons before it.
    • Discovery and production of documents and
    • Investigation and punishment of contempt of itself.

Article 142(1): Doing Complete Justice:

• The objective of Article 142(1) is that the Supreme Court must not be dependent on the executive for the enforcement of its decrees and orders.
• Such dependence would otherwise violate the principles of independence of the judiciary and separation of powers, both of which are part of the basic structure of the Constitution.
• In Supreme Court Bar Association v. Union of India (1998), it was decided that this article
  • Cannot be used to over-ride the existing law, but only to supplement the law and
  • Can be invoked for procedure purposes only.

Source : The Hindu

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