SC Quashes NEET Protest FIRs, Article 142, Latest News

Supreme Court has ordered the closure of FIRs registered against students and young people who participated in protests related to the NEET-UG paper leak issue. The Court used its extraordinary powers under Article 142 of the Constitution to provide relief to protesters who had participated bona fide in the demonstrations.

The ruling is important from the perspective of fundamental rights, the right to protest, judicial powers and Article 142.7

Why in News?

The Supreme Court invoked Article 142 to quash FIRs registered against students and other protesters who participated in NEET-UG protests between July 20 and 25, 2026.

Article 142 of Indian Constitution

Article 142 of Indian Constitution gives the Supreme Court the power to pass orders necessary for doing “complete justice” in any case or matter pending before it.

• Complete Justice: Enables the Court to provide effective relief where ordinary legal remedies may be inadequate.
• Extraordinary Power: Gives the Supreme Court a wide discretionary power to meet the ends of justice.
• Enforcement: Orders passed under Article 142 are enforceable throughout India.
• Scope: Can be used to address situations where existing laws do not provide an adequate remedy.
• Limitations: The power cannot be used to override substantive law or violate constitutional provisions.
• Case-Specific: Its application depends on the facts and circumstances of each case.

Also Read:- Jantar Mantar

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Article 19 and the Right to Peaceful Protest

Article 19 guarantees citizens important fundamental freedoms, including freedom of speech and expression and the right to assemble peacefully. These freedoms provide the constitutional basis for peaceful protests, but they are subject to reasonable restrictions.

• Article 19(1)(a): Guarantees freedom of speech and expression, allowing citizens to express opinions, criticism and dissent.
• Article 19(1)(b): Guarantees the right to assemble peacefully and without arms, which forms an important basis for peaceful demonstrations.
• Article 19(2): Nothing in Article 19(1)(a) prevents the State from making laws imposing reasonable restrictions on freedom of speech and expression in the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
• Article 19(3): Permits reasonable restrictions on the right to peaceful assembly in the interests of sovereignty and integrity of India and public order.
• Not an Absolute Right: The right to protest does not include a right to engage in violence, destruction of property or serious disruption of public order.
• Democratic Importance: Peaceful protests enable citizens to express dissent, raise public concerns and hold authorities accountable.

Also Read:- Right to Protest in India

Important Case Laws Related to Article 142

• Union Carbide Corporation v. Union of India (1991): The Supreme Court used Article 142 to facilitate a settlement in the Bhopal Gas Tragedy case and emphasised its power to ensure complete justice.
• Supreme Court Bar Association v. Union of India (1998): The Court held that Article 142 cannot be used to override substantive law and cannot be exercised in a manner that violates existing legal provisions.
• Laxmi Kant Pandey v. Union of India (1984): The Court used its powers to establish guidelines for inter-country adoption, protecting the interests of children.
• Vishaka v. State of Rajasthan (1997): In the absence of a specific law on workplace sexual harassment, the Supreme Court issued the Vishaka Guidelines using its constitutional powers, including Article 142.
• Shilpa Sailesh v. Varun Sreenivasan (2023): The Supreme Court held that it can use Article 142 to dissolve a marriage on the ground of irretrievable breakdown of marriage, without requiring the consent of both parties in appropriate cases.