Introduction:
Article 142 grants a distinct authority over the Supreme Court, to do “complete justice” between the parties. In cases where the law or Statutes may not provide an answer. It was created to deal with situations that are not able to be dealt with by the existing laws. Article 142 stipulates the “Enforcement of orders and decrees issued by the Supreme Court and orders as to discovery”. The article is reproduced herein for your convenience reference:
“Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.Â
(1)”The Supreme Court in the in the exercise of its power, it can pass any decree or issue such an or any other order necessary for ensuring justice for all issue or matter that is in the process of being resolved or any other matter, and any order taken or an order issued shall be binding across the entire territory of India in the manner that is specified by or in any law passed by the Parliament, and until there is a provision in this direction It is made in the manner that the President by his an order or decree.
2.) In accordance with the rules of any law enacted in this respect by the Parliament The Supreme Court shall, as is in accordance with the whole of the Indian territory India in India have every authority to issue any order with the intention to ensure the presence of any Person, the discovery or production of documents as well as the probe or punishment of any offence.”
The object of Article 142
The Article 142 in the Constitution of India provides a specific and unique power to the Honourable Supreme Court to do complete justice to litigants who have been victimized by injustice or inequity through the process. The reason to include Article 142.
The people who drafted the Constitution considered that this clause is crucial for those who are to suffer because of delays in obtaining their needed reliefs because of the disadvantageous status of the judicial system.. This Article provides almost Unlimitable power to the Honourable Supreme Court.
Article 142 confers all-powerful powers to the Honourable Supreme Court which empowers it to issue such a decree, or to issue an order in the exercise of its authority in the manner that is required for getting justice done in every issue or case before it as well as those Orders or decrees shall be valid throughout the nation in the manner as can be required by or in any law enacted by the Parliament. The powers of the Parliament are inherent to the Court and are in addition to the powers granted to the Court through different laws.
In the matter of Delhi Development Authority (DDA) in the case of Delhi Development Authority (DDA) v Skipper Construction Co. P Ltd (1996) that the facts that led to this. The power that is unique to only be conferred to the Apex Court, and which in turn gives assurance the power will only be utilized in a manner that is appropriate and with caution. caution, with the goal of achieving complete justice between the parties.
The Honourable Supreme Court held in Supreme Court Bar Association vs Union of India (1998) that the powers granted under Article 142 is an addition or complementary to the power specifically conferred upon Supreme Court. Supreme Court, which It is possible to exercise it in the event that it is appropriate and fair to use it, and, specifically, to be sure that there is a strict adherence to the due process of law to ensure justice for each party while executing justice according to laws.
The phrase used in Article 142 is to seek “complete justice” and its scope was clarified by the court case of Manohar Lal Sharma V. Principal Secretary, wherein it was decided that the Honourable Supreme Court can deal with unusual situations interfering with the bigger public’s interest to undermine trust in the law. laws. In addition, it was ruled to be in A.R. Antulay v. R.S. Nayak said that any discretion that is granted by the court shouldn’t be arbitrarily imposed or in any manner be incompatible with the rules of Any law or regulation that is laid down.
Article 142 vis-a-vis PMLA:
The Honourable Supreme Court has invoked its plenary power under Article 142, while forming a single-member committee. That safeguard the interests of investors in general, even in the PMLA case. This includes; National Stock Exchange Ltd. The Hon’ble Supreme Court noted that they’re concerned about the investment’s money as well as the properties that remain attached.Â
Only the moment those properties were liquidated could the concerned court be able to distribute the money. Also, the Honourable Supreme Court has exercised its power under Article 142 in the Constitution of India. With the aim of achieving a comprehensive solution to speedily recover the unfinished amount to be distributed to investors.Â
In regard to the above, the Honourable Supreme Court has acted within the scope of the plenary powers conferred under Section 142, of the constitution India in the current PMLA case, which is fair and justifiable.
Conclusion
The Article 142 in the Constitution of India is supplementary in nature, and is not able to replace the substantive provisions even though they do Not limited to the provisions of substantive nature contained in the statute. It is a right which gives preference to the rule of law over equity. It is a justice-oriented approach in contrast to the rigidity in the law.
It is real that Article 142 is invoked for the purpose of achieving hugely beneficial to large portions of the population, and to the nation as in general. A lot of good to a large section of the population and indeed for our nation as a Supreme Court has perceived its importance to a large section of the population and has done as one that would need to wipe every tear in every eye’. Perhaps it’s about time that this immense, unlimitless power was accompanied by controls and checks.