What is Article 142, invoked by SC to give land for a mosque?

  • Category
    Polity
  • Published
    19th Nov, 2019

The Supreme Court, implicitly referring to the demolition of the Babri Masjid at the disputed site, said that it was invoking Article 142 "to ensure that a wrong committed must be remedied".

Context

The Supreme Court, implicitly referring to the demolition of the Babri Masjid at the disputed site, said that it was invoking Article 142 "to ensure that a wrong committed must be remedied".

About

  • In granting five acres of land in Ayodhya, but outside the disputed area, to Muslim parties, the Supreme Court used extraordinary powers granted to it by Article 142 of the Constitution.
  • “Justice would not prevail if the court were to overlook the entitlement of the Muslims who have been deprived of the structure of the mosque through means which should not have been employed in a secular nation committed to the rule of law”.
  • The Constitution postulates the equality of all faiths. Tolerance and mutual co-existence nourish the secular commitment of our nation and its people.

About Article 142

  • Article 142 provides for the enforcement of decrees and orders of Supreme Court.
  • Article 142(1) states that 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 the orders shall be enforceable throughout the territory of India.
  • Article 142(2) states that Supreme Court shall have the power to make any order for the purpose of (a)securing the attendance of any person, (b)the discovery or production of any documents or (c)the investigation or punishment of any contempt of itself.

Article 142 used earlier

  • To provide relief to the thousands of people affected by the Bhopal gas tragedy.
  • To cancel allocation of coal blocks granted from 1993 onwards without any specific finding.
  • For restoring the white marble of the Taj Mahal.
  • To probe the 2013 Indian Premier League spot-fixing scandal.

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