LIMITS OF “COMPLETE JUSTICE”: A CRITICAL APPRAISAL OF ARTICLE 142 OF INDIAN CONSTITUTION
Authors – Avinsh Kumar & Jainendra Kumar Sharma, PG Students at The Indian Law Institute, New Delhi
Best Citation – Avinsh Kumar & Jainendra Kumar Sharma, LIMITS OF “COMPLETE JUSTICE”: A CRITICAL APPRAISAL OF ARTICLE 142 OF INDIAN CONSTITUTION, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 30-43, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
“I incarnate myself to protect the righteous and destroy the wicked from age to age whenever there is decline of righteousness and rise of unrighteousness.“
– Shirimadbhagwatgeeta
The thought of conducting research on the true scope and limit of Article 142 was prompted by the highest court of India frequent invocation of its authority under this Article and the manner in which that authority is being exercised in the case ranging from Bhopal gas tragedy case[1] to Ram Janmabhoomi case[2] and recently in A. G Perarivalan case[3] and irretrievable breakdown of marriage case[4].This item is now frequently used, despite the fact that its intended use was limited. The supreme court has directed a number of orders that violate the powers of the other two organs. The question of the theory of separation of powers has been brought into focus by this occurrence. This has raised questions regarding the Supreme Court’s actions’ legality. This point of view is used to examine the provisions of Article 142.The words “complete justice” and “justice” make up the phrase “complete justice. “The Dictionary defines “complete” as “having all necessary parts, elements, or steps or thorough or concluded,” whereas various jurist , scholar and social scientists have interpreted and defined “justice” in a variety of ways. Plato puts it this way: Equity is a legitimate, amicable connection between the fighting pieces of the individual or city’. According to Hobbes and Rousseau, “justice” is the process of granting and safeguarding a person’s liberties and rights. The court has used this authority to issue a number of orders that invade the authority of the other two organs. The doctrine of separation of powers has come under scrutiny as a result of this phenomenon, casting doubt on the highest court actions. In this context the provision of Art. 142 is studied.
Keywords- Justice, Constitution, Court, Power, Rights.
[1] Union Carbide Corporation v. Union of India 1989 SCC (2) 540
[2]M SiddiqvsMahant Suresh Das &Ors 2019 SCC OnLine 1440,
[3]2022 SCC OnLine SC 755
[4]R.Srinivas Kumar vsR.Shametha