Article 142 of the Constitution of India is a provision that gives the Supreme Court of India wide-ranging powers to pass any order or judgment that is necessary for doing “complete justice” in a matter before it. This article gives the Supreme Court the power to pass orders that may not be within its normal jurisdiction, and the orders passed under this article are binding on all courts and authorities within the territory of India.
The provision reads as follows: “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.”
Article 142 is a powerful tool in the hands of the Supreme Court, as it allows the court to pass orders that may not be within its normal jurisdiction. For example, the court may use this provision to transfer cases from one court to another, to order a retrial in a case, or to pass orders on matters that are not specifically covered under any law.
However, the Supreme Court has also been criticized for its use of Article 142, as some argue that it gives the court too much power, and that the court should not be passing orders that are not specifically authorized under any law. Some have also raised concerns about the lack of clarity in the scope and limits of the provision, which may lead to arbitrary use of the provision.
Despite these concerns, Article 142 remains an important provision in the Indian legal system, and its use by the Supreme Court has helped to deliver justice in many cases where other legal remedies were inadequate or unavailable
