Article 142 of the Constitution

Source-This post on Article 142 of the Constitution is based on the article “Art 142, why SC quashed Chandigarh mayor’s election, and why it matters” published in “The Indian Express” on 21st February 2024.

Why in the News?

The Supreme Court, in its recent judgment on the Chandigarh mayor election, utilized its authority under Article 142 of the Constitution to ensure ‘complete justice’ and uphold the sanctity of electoral democracy.

What is Article 142 of the Constitution?

1. About- Article 142 grants the Supreme Court discretionary authority. It empowers it to issue decrees or orders deemed necessary to achieve complete justice in any pending cause or matter within its jurisdiction.

2. Positive utilisation– This provision allows the Supreme Court to exercise wide-ranging powers to ensure justice is served, even if there is no specific law or provision applicable to the case at hand.

Significant cases where article 142 was invoked

1. The ban on the sale of alcohol along national and state highways:
a. The central government’s notification banned liquor stores only along National Highways, but the Supreme Court extended the ban to a distance of 500 meters by using Article 142.
b. Moreover, in the absence of similar notifications from any State governments, the court expanded the prohibition to include State highways.
c. Such rulings have raised questions about the court’s discretion to invoke Article 142, particularly when fundamental rights of individuals are overlooked.

2. Babri Masjid Case: Article 142 was invoked in the Ram Janmabhoomi-Babri Masjid land dispute, leading to the transfer of the disputed land to a trust to be established by the central government.

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