Author: Arpita Singh Bhadauriya, Shambhunath institute of law, jhalwa, Prayagraj (Uttar Pradesh)
Abstract
Article 142 of Indian constitution explains about the enforcement of decree and order of Supreme Court. This article 142 is innate power of Supreme Court and it is used by court for giving complete justice. This article in itself is very vague and court used it by various doctrines for providing justice. This article is all about giving power to Supreme Court by which they pass order or decree to meet the justice. This article gives power to Supreme Court that they can go beyond the statutory law and gives decision on the cases pending before it. According to article 142(1) states that Supreme Court exercises their power in such a matter pending before it in court within the territory of India. They can pass any decree or order for utter justice in such a manner which is stated under law or law made by parliament. On the other article 142 (2) states the court can give order or decree for purpose of securing the justice. This article 142 is all about the giving full justice to people by the court. Recently it came forward in many cases and lots debates and arguments started on this article 142. By using this power court resolves various cases in the field of civil as well as criminal. At present in the case of shilpa shailesh v. varun sreenivasan court explained about the power of article142 mentioned in the Indian constitution that using this power court have discretion to pass a decree or order on the cases related to divorce by mutual consent. By using this power court can suppress the proceedings on any matter whether it’s civil or criminal. It is a discretionary power used by the court if it deemed to be necessary.
To the point
Article 142 is sparkling at present because it talks about the power of Supreme Court. Recently it creates lots of question in the mind of people that Supreme Court can be give order on divorce by mutual consent by using article 142. As we know the rate of irretrievable breakdown of marriage is increasing in India, as it is known as divorce by mutual consent in relation to this a case came forward that the court can give order related to this matter or not. In relation to this court explained about the power of article 142 used by supreme court they can pass any decree or order if it is necessary in case pending before it. It is discretionary in nature it cannot be automatically used if it deemed necessary they can use this power. And court also explains that they can give order in relation to divorce matter if it is very important. So this article is all about understanding the power conferred to Supreme Court under article 142.
Use of legal jargon
The uses of legal jargons under article 142 are as follows:
Plenary power: the power prescribed under article 142 is plenary power used by Supreme Court. It refers to complete authority to pass order.
Complete justice: An Article 142 main purpose is to provide complete justice in any matter pending in the court if it is necessary.
Statutory constraints: it means that court using this power can go beyond the limitation prescribed under law made by the parliament.
The Proof
The testimony of this article142 is that it is used in various cases by the court for providing the justice to the people under Indian constitution 1950 which is drafted by constituent assembly on which they highlighted about the article 142, it consisted two clauses in it which talks about the power of the supreme court for passing order or decree in pending if it is necessary to do for providing justice.
Case laws: some of the various landmark cases are on which this article 142 power used by the supreme court for providing justice.
Union carbide v. union of India: in this case court used the power of article 142 and quashed all the proceedings of civil and criminal against the petitioner and provides the complete justice.
State of U.P. v. Dinesh singh Chauhan: in this case by using the article 142 dissolve the Hindu marriage by granting the divorce on the grounds of mutual consent and waive of the period of waiting for the divorce.
Sneha Parikh v. manit Kumar: in this case court settled the dispute between parties relating to mutual divorce by using the power of article 142.
Conclusion
In the above statement it is to be concluded that article 142 is power conferred to the Supreme Court for providing proper justice in relation to pending cases in the court. It is very vague in itself and it there is discretion on the court it cannot be issue directly only if it is nature to do so it can be used by the court recently in many divorce cases by mutual consent court uses this power of article 142 and solve the disputes and pending cases. It can be used by court only if it is necessary and this plenary in itself because this power provide ultimate justice to the people.
FAQS
What is article 142 in indian constitution?
Article 142 is the power conferred to the supreme court and they can use this power if it is necessary to resolve the dispute and providing justice to people.
Can article 142 be invoked where alternative remedy available?
No, the article 142 cannot be invoked where alternative remedy is available. This power is only available is there no remedy already available.
Can this article 142 is used for resolving the matter related divorce by mutual consent?
Yes, in various recent cases this power is used by the court for resolving the dispute in matter of divorce by mutual consent.
