Article 142 of the Indian Constitution

Article 142 of the Indian Constitution is one of the most powerful symbols of India’s commitment to justice. It gives the Supreme Court the ability to

Article 142 of the Indian Constitution

When we talk about the Supreme Court of India, one phrase often catches everyone’s attention — “complete justice.”

It’s a phrase that comes from one of the most powerful and fascinating provisions of our Constitution — Article 142.

Article 142 gives the Supreme Court the power to do whatever is necessary to ensure complete justice in any case before it. It acts like the Court’s “superpower,” allowing it to go beyond the strict boundaries of written law if needed — as long as the goal is fairness and justice.

Over the years, this Article has been used in landmark judgments — from dissolving marriages without mutual consent, to banning firecrackers, to canceling illegal coal licenses, and even protecting the environment.

But it has also raised serious questions — Is this too much power for one court? Does it override Parliament? Or is it a necessary tool to protect justice when laws fall short?

Let’s dive deep into this incredible provision — its meaning, origin, significance, and some of the most iconic cases where Article 142 made history.

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What Is Article 142 of the Indian Constitution?

Article 142 is found in Part V, Chapter IV of the Indian Constitution, which deals with the Union Judiciary.

Here’s what it says in simple language:

Article 142(1): 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.

Article 142(2): The Supreme Court may make any order to secure the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

So basically, Article 142 gives two kinds of powers to the Supreme Court:

1. Power to do “complete justice” — even if no specific law exists for it.

2. Power to enforce its own orders — to make sure justice is carried out.

In simpler words:
👉 The Supreme Court can fill the gaps in law, stretch the boundaries when needed, and make sure justice is not denied due to technicalities.

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Historical Background — Why Was Article 142 Introduced?

During the making of the Constitution, the framers of India’s Constitution — especially Dr. B. R. Ambedkar — wanted the judiciary to be independent, strong, and capable of protecting justice in every situation.

They had seen how rigid and slow the British colonial system was, often letting injustice prevail due to “procedural” reasons.

So they wanted the Supreme Court to have a flexible, humanitarian power — a power that could rise above rules when the situation demanded it.

That’s how Article 118A (draft) in the Draft Constitution became Article 142 in the final version — to ensure that no citizen would suffer because the law was incomplete, outdated, or unclear.

It was meant to act as a “safety valve” for justice — when the law fails, Article 142 steps in.

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The Essence of “Complete Justice”

The key phrase in Article 142 is “complete justice.” But what does that really mean?

It means justice that is fair, final, and satisfies the conscience of the court. It’s not just about legal correctness — it’s about doing what is morally and socially right.

For example:

• If strict application of law causes hardship to an innocent person, the Supreme Court can use Article 142 to provide relief.

• If there’s a legal gap — say, no clear rule on a matter — the Court can make a temporary rule to do justice.

So, “complete justice” is not about following law blindly — it’s about achieving fairness and equity in the real world.

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Nature of Article 142 — A Special and Extraordinary Power

Article 142 is not like any ordinary legal provision. It’s a constitutional power — broad, flexible, and extraordinary.

Some key features of Article 142:

1. Exclusive to the Supreme Court:
   Only the Supreme Court can use it — not the High Courts or lower courts.

2. Discretionary Power:
   It depends entirely on the Court’s judgment — there’s no fixed rule on when to use it.

3. Supplementary, Not Substitutive:
   It doesn’t replace the law — it supplements it where the law is silent or inadequate.

4. Binding Nature:
   Any order passed under Article 142 is binding on all authorities in India under Article 141.

5. Constitutional Supremacy:
   Being a constitutional provision, it cannot be easily challenged unless it clearly violates the basic structure of the Constitution.

In short, Article 142 gives the Supreme Court a moral and legal authority to make sure justice is served — even when the law can’t.

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When Can Article 142 Be Used?

The Supreme Court usually uses Article 142 in situations like:

• When strict legal rules would cause unfair results.

• When the law is silent or incomplete on a specific issue.

• To fill legal loopholes until Parliament passes a law.

• To enforce its own judgments effectively.

• To protect public interest or constitutional rights.

However, the Court uses this power sparingly and carefully, as it doesn’t want to act like a lawmaker.

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Major Areas Where Article 142 Has Been Used

Over the decades, the Supreme Court has used Article 142 in a wide variety of cases. Let’s see some of the most important ones.

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1. Moral and Social Justice Cases

💬 Vishaka vs State of Rajasthan (1997)

This was a landmark case dealing with sexual harassment at the workplace.

There was no specific law on this issue at the time. So, the Supreme Court used Article 142 to lay down the Vishaka Guidelines, which became the foundation for the Sexual Harassment of Women at Workplace Act, 2013.

👉 Here, Article 142 filled a legal gap and protected women’s rights.

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2. Environmental Protection

💬 MC Mehta vs Union of India (1986 & later cases)

Environmental activist M.C. Mehta filed several PILs related to pollution in Delhi and the Ganga River.

The Supreme Court used Article 142 to:

• Ban old diesel vehicles in Delhi,

• Order closure of polluting industries,

• Introduce CNG for public transport, and

• Direct the cleanup of the Ganga.

👉 These judgments made Article 142 a tool for environmental justice.

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3. Criminal and Civil Cases

💬 Union Carbide Case (Bhopal Gas Tragedy, 1989)

After the tragic Bhopal Gas Leak, thousands died and many were injured.

The Supreme Court used Article 142 to approve a $470 million compensation package for victims — even though there was no clear legal process for such settlements at the time.

👉 The Court said justice couldn’t wait for years — it had to be “complete and immediate.”

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4. Marriage and Family Disputes

💬 K. Srinivas Rao vs D. A. Deepa (2013)

In this case, the Supreme Court dissolved a marriage on grounds of irretrievable breakdown, even though no such ground existed in the Hindu Marriage Act.

It used Article 142 to grant divorce where reconciliation was impossible.

👉 Later, this principle was recognized in many cases where couples were trapped in long, unhappy marriages.

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5. Corruption and Administrative Cases

💬 Coal Block Allocation Case (2014)

The Court found that coal blocks were allocated illegally for years.

Using Article 142, it canceled 214 coal block licenses — ensuring fairness even though the decision had massive economic implications.

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6. Elections and Politics

💬 Union of India vs Association for Democratic Reforms (2002)

The Court used Article 142 to direct the Election Commission to make candidates disclose their criminal, financial, and educational backgrounds — even before Parliament made it a law.

👉 This improved transparency and strengthened democracy.

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7. Social and Constitutional Reforms

💬 Ayodhya Verdict (2019)

In the Ayodhya land dispute, the Supreme Court used Article 142 to grant the disputed land for the Ram temple and allocate 5 acres to Muslims for a mosque elsewhere.

It said this was necessary for “complete justice” and to end a conflict that had divided the nation for decades.

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Benefits of Article 142

Article 142 is often seen as a guardian of justice when the system fails. Let’s look at its key advantages:

1. Fills Legal Gaps

It allows the Court to act even when Parliament hasn’t passed a law on the subject.

2. Prevents Injustice

It ensures that technicalities don’t stop justice.

3. Humanitarian Approach

It allows the Court to consider morality and fairness, not just legal text.

4. Encourages Government Action

Many laws were later made based on Supreme Court directions (like the Vishaka Guidelines).

5. Protects Fundamental Rights

It gives the Supreme Court flexibility to uphold Articles 14, 19, and 21 — equality, freedom, and right to life — in real situations.

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Criticisms of Article 142

While it’s a powerful provision, Article 142 also faces criticism for giving too much power to the judiciary.

1. Judicial Overreach

Critics say the Supreme Court sometimes crosses its limits and starts making laws instead of interpreting them — which should be Parliament’s job.

2. Uncertainty in Law

Since Article 142 depends on each judge’s idea of “complete justice,” it can lead to inconsistent decisions.

3. Temporary Solutions

Orders under Article 142 can’t replace permanent laws — they’re often stop-gap measures.

4. Accountability Concerns

Unlike Parliament, the judiciary isn’t directly accountable to the public. So unlimited power may raise democratic concerns.

5. Conflict with Separation of Powers

India’s Constitution divides power between Legislature, Executive, and Judiciary. When the judiciary starts acting like the Legislature, it disturbs this balance.

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Supreme Court’s Own View on Article 142

Interestingly, the Supreme Court itself has acknowledged the need for restraint while using Article 142.

💬 Supreme Court Bar Association vs Union of India (1998)

The Court said:

“Article 142 cannot be used to ignore or override existing laws. It can only supplement them to ensure complete justice.”

So, while the power is extraordinary, it’s not unlimited. It must always align with the Constitution and existing laws.

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Other Important Cases on Article 142

Let’s look at some more cases that helped define its scope.

Case	Year	Key Decision
A.R. Antulay vs R.S. Nayak	1988	Court admitted it had made an earlier mistake and corrected it using Article 142.
Delhi Judicial Service Association vs State of Gujarat	1991	Used Article 142 to punish those responsible for assaulting a judge — to uphold judiciary’s dignity.
State of Karnataka vs Uma Devi	2006	Court used Article 142 to regularize employment of temporary workers as a one-time relief.
State of Punjab vs Rafiq Masih	2014	Used Article 142 to stop government from recovering excess payments made to employees in good faith.

These cases show how Article 142 has been used in diverse ways — from protecting workers to correcting judicial errors.

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Comparison: Article 142 and Judicial Powers in Other Countries

India’s Article 142 is unique. No other country gives its top court such broad powers.

For example:

• In the U.S., the Supreme Court can interpret laws but not create new remedies unless allowed by Congress.

• In the U.K., courts strictly follow “Parliamentary supremacy.”

India’s Supreme Court, however, can bridge gaps between law and justice — a sign of the Constitution’s flexible and human-centered design.

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Article 142 and the Doctrine of Separation of Powers

Article 142 is often discussed alongside the principle of separation of powers — which divides authority between the Legislature, Executive, and Judiciary.

The judiciary must ensure it doesn’t encroach upon legislative or executive functions.

However, as long as the Court uses Article 142 to supplement laws and not to replace them, it doesn’t violate the doctrine.

In other words:

The Supreme Court can guide, but not govern.

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Importance of Article 142 in Today’s India

Even in 2025, Article 142 continues to be one of the most important tools for justice.

It is often used to:

• Provide relief to victims of injustice.

• Protect the environment.

• Handle sensitive political or social disputes.

• Advance gender and social equality.

In a fast-changing world, where laws sometimes lag behind realities, Article 142 ensures that justice stays ahead of time.

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Key Takeaways

Here’s a quick summary of everything you need to know about Article 142:

• It empowers the Supreme Court to deliver complete justice in any case.

• It’s used when existing laws are insufficient or unclear.

• It’s a flexible and humanitarian provision.

• It has been used in cases like Bhopal Gas Tragedy, Vishaka Guidelines, Ayodhya Verdict, and environmental reforms.

• It must always be used in harmony with the Constitution — not against it.

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Conclusion

Article 142 of the Indian Constitution is one of the most powerful symbols of India’s commitment to justice. It gives the Supreme Court the ability to rise above technicalities, fill legal gaps, and ensure fairness in the truest sense.

While some see it as “judicial overreach,” others see it as the heart of India’s moral conscience — a reminder that the ultimate goal of law is justice, not just procedure.

It’s like the Constitution’s emergency power for justice — used rarely, but when used, it restores faith in the system.

As Justice V.R. Krishna Iyer once said:

“Law without justice is a wound; justice without law is a miracle. Article 142 allows the Court to perform that miracle when needed.”

In simple words — Article 142 is where law meets humanity. It’s the Supreme Court’s promise that even when laws fail, justice won’t.