22nd April 2025 (9 Topics)

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Article 142

Context

In a landmark judgement, in State of Tamil Nadu v The Governor of Tamil Nadu, the Supreme Court invoked Article 142 of the Constitution to grant deemed assent to ten bills that had been pending with the Governor without action, reigniting the debate over the scope and limits of judicial powers under Article 142.

What is Article 142?

Article 142(1) empowers the Supreme Court to “pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.”
It is often considered a residual power, to be used when no other provision in law provides an adequate remedy.
The power is discretionary and not meant to override or replace existing laws, but rather to supplement them in exceptional circumstances.

Precedents Supporting Article 142

In A.G. Perarivalan v State of Tamil Nadu (2023), the Court used Article 142 to override gubernatorial delays in a remission matter.
In Savelife Foundation (2016), Article 142 was used to enforce road safety guidelines in absence of enabling legislation.
In Samaj Parivartana Samudaya (2013), the Court cancelled illegal mining leases using Article 142, as statutory remedies were inadequate.
Court’s Own Constraints on Article 142
- In Supreme Court Bar Association v Union of India (1998), the Court held that Article 142 may supplement, but not supplant substantive law.
- In Shilpa Sailesh (2023), the Court stated that Article 142 must be used in accordance with fundamental public policy, such as secularism, federalism, and fundamental rights.

Cases Where Article 142 Was Refused

Jomon K.K. v Shajimon P. (2025): The Court declined relief under Article 142 where the appellant lacked required qualifications.
Ashok Sadarangani v Union of India (2012): The Court refused to interfere in a criminal matter where property rights were unclear.
Pravasi Bhalai Sangathan (2014): The Court denied directions against hate speech due to enforcement limitations.

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Article 142

What is Article 142?

Cases Where Article 142 Was Refused