Article 142

Article 142 of the Constitution of India confers upon the Supreme Court broad powers to ensure “complete justice” in any case or matter before it. This provision forms one of the most significant pillars of judicial authority in India, empowering the Court to issue orders, decrees, and directions that go beyond statutory limitations when necessary to uphold fairness, justice, and equity. It serves as a constitutional instrument enabling the Supreme Court to act as the final guarantor of justice in exceptional circumstances.

Constitutional Text

Article 142 reads:

(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, and any decree so passed or order 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.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, 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.

These two clauses together equip the Supreme Court with the constitutional capacity to enforce its own decrees, ensure compliance with justice, and exercise ancillary powers necessary to maintain its authority.

Purpose and Constitutional Context

The framers of the Constitution intended Article 142 to act as a constitutional safety valve — a provision enabling the Supreme Court to transcend procedural limitations in the interest of justice. It ensures that legal technicalities or statutory insufficiencies do not obstruct the dispensation of justice.
The phrase “complete justice” signifies a holistic approach to judicial decision-making, empowering the Supreme Court to mould reliefs and remedies in a manner that upholds the spirit of equity, fairness, and constitutional morality.

Clause (1): Power to Do Complete Justice

Under Clause (1), the Supreme Court may issue any decree or order necessary to ensure complete justice in a case before it. This authority extends to both civil and criminal matters and includes:

• Correcting procedural or legal lacunae.
• Issuing innovative remedies in the absence of existing legislation.
• Crafting directions or guidelines to fill gaps in the law.
• Ensuring nationwide enforcement of its decrees and orders.

Parliament retains the power to regulate the method of enforcement through legislation. However, in the absence of such a law, the President of India may issue orders prescribing the mode of enforcement.
This provision ensures that the Supreme Court’s decisions are universally enforceable across India, thereby maintaining uniformity and respect for its decrees.

Clause (2): Ancillary and Contempt Powers

Clause (2) supplements the Supreme Court’s jurisdiction by empowering it to issue orders for:

• Securing the attendance of persons before the Court.
• Ensuring discovery and production of documents or evidence.
• Punishing for contempt of court to maintain judicial dignity and authority.

These powers, though constitutional, are subject to parliamentary legislation, preserving the principle of separation of powers. The Contempt of Courts Act, 1971 currently regulates the exercise of contempt powers under Article 142(2).

Judicial Interpretation of “Complete Justice”

The Supreme Court has interpreted the expression “complete justice” liberally, treating Article 142 as a reservoir of equitable power to render substantive justice where the law or procedure may be inadequate. The Court has consistently held that its orders under this Article must aim at achieving fairness, equity, and constitutional values rather than merely applying technical rules of procedure.

Important Judicial Pronouncements

1. Keshavananda Bharati v. State of Kerala (1973):The Supreme Court invoked Article 142 to protect the Basic Structure of the Constitution, affirming that constitutional amendments cannot alter its essential framework.
2. Minerva Mills Ltd. v. Union of India (1980):The Court reaffirmed that Article 142 empowers it to preserve the balance between fundamental rights and Directive Principles of State Policy, ensuring the supremacy of the Constitution.
3. Vishaka v. State of Rajasthan (1997):In the absence of specific legislation to prevent sexual harassment at the workplace, the Court used Article 142 to issue binding guidelines — known as the Vishaka Guidelines — thereby filling a legislative vacuum and upholding gender equality.
4. M.C. Mehta v. Union of India (1987):The Court utilised Article 142 to address environmental degradation and protect public health, issuing comprehensive directions for pollution control and environmental management.
5. Common Cause v. Union of India (2018):The Court invoked Article 142 to legalise passive euthanasia, recognising the right to die with dignity as part of the fundamental right to life under Article 21.
6. Shayara Bano v. Union of India (2017):Article 142 was employed to declare instant triple talaq (talaq-e-biddat) unconstitutional, ensuring justice for Muslim women and reinforcing the principle of gender equality.
7. Indian Young Lawyers Association v. State of Kerala (2018):Commonly known as the Sabarimala case, the Court invoked Article 142 to enforce the right of women’s entry into temples, striking down discriminatory religious practices.
8. In Re: Vinayak S. Kharat (2019):The Supreme Court clarified that its powers under Article 142 are intended to supplement existing laws, not to supplant or override them, emphasising the constitutional limits of this extraordinary power.

Enforcement Mechanism

To ensure that its decrees and orders are effectively implemented, Article 142(1) authorises Parliament to enact laws governing the enforcement of Supreme Court orders. Until such laws are made, the President may issue executive orders to facilitate enforcement. This framework ensures that the Supreme Court’s decisions are not merely declaratory but self-executing and binding throughout India.

Contempt of Court

Article 142(2) complements Article 129 by empowering the Supreme Court to punish for contempt of itself, thereby safeguarding the dignity, authority, and independence of the judiciary. Contempt jurisdiction includes both civil contempt (non-compliance with court orders) and criminal contempt (acts scandalising or lowering the authority of the Court).
Notable contempt cases — such as Re: Arundhati Roy (2002) and Prashant Bhushan (2020) — reaffirm the principle that respect for judicial authority is essential for upholding the rule of law.

Significance of Article 142

Article 142 has evolved into one of the most powerful constitutional provisions, serving as a tool of judicial innovation and social reform. Its significance may be summarised as follows:

• Ensures Complete Justice: Allows the Supreme Court to transcend procedural constraints and deliver substantive justice.
• Fills Legislative Vacuums: Enables the Court to issue guidelines and directions where no statutory law exists.
• Promotes Social Justice: Provides the judiciary with flexibility to address pressing social and constitutional issues.
• Uniform Enforcement: Ensures that the Court’s decrees are effective and enforceable throughout India.
• Protects Judicial Dignity: Grants the Court the power to secure compliance and punish contempt.

Limitations and Judicial Self-Restraint

While Article 142 vests extensive powers in the Supreme Court, it is subject to important constitutional and doctrinal limitations:

• The Court’s orders under Article 142 must not contravene any substantive law or violate the basic structure of the Constitution.
• The power cannot be used to legislate or substitute judicial authority for legislative function.
• The Court itself has emphasised the need for judicial self-restraint, using Article 142 only in exceptional circumstances to prevent misuse or perceptions of overreach.

The Supreme Court, in Supreme Court Bar Association v. Union of India (1998), clarified that Article 142 cannot be invoked to ignore statutory provisions or to confer powers inconsistent with existing law.

Relationship with Other Constitutional Provisions

• Article 32: Provides the Supreme Court’s jurisdiction for enforcement of fundamental rights.
• Article 141: Makes the law declared by the Supreme Court binding on all courts.
• Article 129: Declares the Supreme Court a court of record with contempt powers.
• Article 144: Mandates that all authorities act in aid of the Supreme Court.

Together, these Articles collectively uphold the Supreme Court’s position as the apex judicial authority and the final guardian of justice in India.

Constitutional Significance

Article 142 represents the moral and constitutional conscience of the judiciary. It embodies the principle that justice must not be defeated by technicalities or procedural inadequacies. Through its broad and equitable interpretation, the Supreme Court has utilised this provision to pioneer legal reforms, expand human rights, and strengthen the rule of law.