Actual Article
Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
- Enforcement of Decrees and Orders:
- 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 orders 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.
- Orders as to Discovery:
- Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
UPSC Notes for Article 142
Explanation:
- Enforcement of Decrees and Orders:
- Empowers the Supreme Court to pass decrees and orders necessary to ensure complete justice in any matter before it.
- These decrees and orders are enforceable throughout India.
- Orders as to Discovery:
- The Supreme Court has the authority to make orders to secure the attendance of persons, the discovery or production of documents, and the investigation or punishment of contempt of court.
- These powers are subject to any laws made by Parliament.
Key Points:
- Complete Justice: Article 142 ensures that the Supreme Court can take necessary actions to ensure complete justice, transcending procedural limitations.
- Nationwide Enforceability: Decrees and orders issued under Article 142 are enforceable across the entire territory of India, ensuring uniform application of justice.
- Broad Powers: Provides the Supreme Court with broad powers to secure evidence, ensure attendance, and enforce its orders, thereby enhancing its effectiveness.
Important Cases and Commissions Related to Article 142
Cases:
- Union Carbide Corporation vs. Union of India (1989): The Supreme Court used its powers under Article 142 to ensure compensation for the victims of the Bhopal Gas Tragedy.
- Vineet Narain vs. Union of India (1997): The Court invoked Article 142 to enforce guidelines and ensure the investigation of the Jain Hawala case.
Commissions:
- Law Commission of India: Reports have discussed the significance of Article 142 in ensuring complete justice and recommended measures for its effective use.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested ways to optimize the use of Article 142 to enhance judicial effectiveness and ensure justice.
Previous Year Prelims Questions Related to Article 142
- (UPSC Prelims 2016) Under Article 142, the Supreme Court has the power to:
- A. Amend the Constitution
- B. Pass decrees and make orders necessary to do complete justice
- C. Enforce laws made by Parliament
- D. Review its own judgments Correct Answer: B. Pass decrees and make orders necessary to do complete justice
- (UPSC Prelims 2019) Which Article of the Indian Constitution empowers the Supreme Court to make orders to secure the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt?
- A. Article 141
- B. Article 142
- C. Article 143
- D. Article 144 Correct Answer: B. Article 142
Previous Year Mains Questions Related to Article 142
- Mains 2016: “Discuss the significance of Article 142 in the context of the Supreme Court’s power to do complete justice. How has this provision been used in landmark cases?”
- Mains 2019: “Analyze the scope and limitations of the Supreme Court’s powers under Article 142. How does this article ensure the enforceability of the Court’s orders and decrees across India?”
Additional Insights:
- Ensuring Justice: Article 142 is a powerful tool that allows the Supreme Court to transcend procedural technicalities to ensure justice is served.
- Uniform Enforcement: The provision for nationwide enforceability of the Court’s orders ensures that justice is consistent and effective across the country.
- Judicial Activism: Article 142 has been instrumental in enabling the Supreme Court to address and rectify significant injustices, often stepping in where other mechanisms have failed.
Understanding Article 142 is crucial for UPSC aspirants as it outlines the Supreme Court’s power to ensure complete justice and the enforceability of its orders across India. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the effective administration of justice in India.