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Article 142 UPSC NOTE

 Why in News

  • On February 20, a three-judge Bench of the Supreme Court led by Chief Justice of India D.Y. Chandrachud used its plenary powers to declare Kuldeep Kumar, the Aam Aadmi Party (AAP) candidate, as the validly elected Mayor of the Chandigarh Municipal Corporation

  • With CCTV visuals indicating that the presiding officer had defaced some ballot papers in the mayoral polls, the Supreme Court conducted a physical examination of the ballots to determine the winner. 

  • The Court observed that in such cases it is duty-bound to intervene under Article 142 of the Constitution to ensure that “democracy is not allowed to be thwarted by such subterfuges”.

Article 142

  • Article 142 of the Indian Constitution empowers the Supreme Court to ensure "complete justice" in any case before it. 

Power to Supreme Court:

  • This article grants the Supreme Court the authority to pass any decree or order it deems necessary to achieve complete justice in a particular case.

Wide Discretion:

  • The provision offers the court significant discretion in crafting a solution

  • It's not bound by existing laws or statutes if they fall short of delivering a truly just outcome.

Enforcement:

  • Any order or decree passed by the Supreme Court under Article 142 is enforceable throughout India.

  • The specific enforcement mechanism is determined by either a law passed by the Parliament or a presidential order until such a law is enacted.

Examples

  • The court might use Article 142 to provide relief to a disadvantaged group not adequately protected by existing laws.

  • It could also be invoked to address a situation where a strict interpretation of the law might create an unfair outcome.

Limitations:

  • While Article 142 grants broad power, the Supreme Court cannot use it to bypass established legal principles entirely.

  • The court's orders under this provision should not contradict fundamental rights enshrined in the Constitution.

  • In essence, Article 142 acts as a safety valve for the Indian justice system, allowing the Supreme Court to ensure a truly just outcome even in situations where existing laws might be inadequate.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Article 142 UPSC NOTE
Article 142 UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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