Article 142 of the Indian Constitution

About Article 142:

• It deals with the Supreme Court's power to exercise its jurisdiction and pass an order for doing complete justice in any cause or matter pending before it.
• It provides the apex court with a special and extraordinary power and is meant to provide justice to litigants who have suffered traversed illegality or injustice in the course of legal proceedings.
• Article 142(1) states that “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”.
• Article 142 allows the Supreme Court to deliver justice in exceptional cases where existing provisions or laws are not applicable. 
• If a legislative enactment seeks to make unenforceable the decree or order of the Supreme Court made under Article 142, in relation to the cause and the parties between whom it was made, such law would be void for contravening Article 142[8].
• This power cannot be used to "supplant" substantive law applicable to the case or cause under consideration of the court.
• Significant cases where Article 142 was invoked:
  • Babri Masjid Case: The article was used in the Ram Janmabhoomi-Babri Masjid land dispute case and was instrumental in the handover of the disputed land to a trust to be formed by the union government.
  • Bhopal Gas Tragedy: The SC invoked its plenary powers in the Union Carbide vs Union Govt case and intervened to provide compensation to victims of the deadly Bhopal Gas Tragedy.

Q1: What is a Public Interest Litigation (PIL)?

According to the Supreme Court (in Janata Dal v. H.S.Chaudhary, 1993) Public Interest Litigation (PIL) means a legal action started in a court of law for the enforcement of public/general interest where the public or a particular class of the public have some interest (including pecuniary interest) that affects their legal rights or liabilities. Any individual or organisation can file a PIL either in his/her/their own standing i.e. to protect or enforce a right owed to him/her/them by the government or on behalf of a section of society who is disadvantaged or oppressed and is not able to enforce their own rights. The concept of “Locus Standi” has been relaxed in the case of PILs.

Source: Supreme Court Refuses To Entertain Plea To Criminalise Sexual Offences Against Men, Trans Persons & Animals In BNS