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Stay order from Court UPSC NOTE

 Why in News

  • The Supreme Court on Thursday said it could not unnecessarily fiddle with well-thought-out interim orders of High Courts staying criminal and civil proceedings

  • A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud said the top court had no power whatsoever to declare that a stay order passed by a High Court after due application of mind would automatically expire within six months.

  • The five-judge Bench was deciding a reference made to it about the correctness of a 2018 judgment in Asian Resurfacing of Road Agency Vs CBI.

Validity of stay orders

  • A stay order is a court order that temporarily suspends a judicial proceeding or the enforcement of a previous court order.

  • It aims to maintain the status quo until the court makes a final decision on the matter.

Validity of Stay Orders in India

  • The recent Supreme Court of India ruling (February 2024) overturning the previous Asian Resurfacing decision has had a significant impact on the validity of stay orders:

  • Stay orders now do not have an automatic expiration date of six months. They will remain in effect until the case is decided or explicitly modified by the court.

  • Judicial Discretion: Courts have full discretion to determine the duration of a stay order based on the specific circumstances of a case. They can grant time-bound or indefinite stay orders.

  • Reasoning Required: Courts must provide sufficient reasons for granting a stay order and, if necessary, explain why it should remain in force for an extended period.

Considerations for Validity

  • While the recent ruling provides more flexibility, courts generally consider the following factors when determining the validity and duration of a stay order:

  • Balance of Hardship: Whether the party seeking the stay will suffer more hardship if it's denied compared to the hardship caused to the other party if it's granted.

  • Likelihood of Success: The court evaluates the merits of the underlying case and the probability of success for the party seeking the stay.

  • Public Interest: In some cases, the court might consider the broader public interest when making a decision on a stay order.

Important Notes:

  • The Supreme Court's ruling aims to prevent unnecessary delays and ensure that cases are resolved within a reasonable timeframe.

  • This decision enhances judicial discretion in managing cases, potentially reducing indiscriminate use of stay orders.

Article 142

  • Article 142 of the Indian Constitution is a unique provision that grants extraordinary power to the Supreme Court of India


  • Complete Justice: Article 142 aims to ensure "complete justice" in any case before the Supreme Court

  • This means the Court can go beyond the limitations of existing laws and statutes to reach a fair and just outcome.

  • Flexibility: It gives the Supreme Court the flexibility to tailor its orders to the specific circumstances of a case, preventing potential injustices that may arise from a rigid interpretation of the law.

Key Provisions

  • Power to Pass Decrees and Orders: The Supreme Court can pass any decree or order necessary to achieve complete justice in a matter before it.

  • Enforcement: Such decrees and orders are enforceable throughout India, and the manner of enforcement can be prescribed by Parliament or the President.



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Stay order from Court UPSC NOTE
Stay order from Court UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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