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Article 142: Extraordinary Power of the Supreme Court

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Article 142: Extraordinary Power of the Supreme Court

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The Article 142: Extraordinary Power of the Supreme Court is one of the most important constitutional provisions dealing with the Supreme Court’s ability to ensure complete justice. It allows the Court to pass appropriate decrees and orders in matters pending before it, particularly where ordinary legal remedies may not fully address the situation.

For students preparing for UPSC, SSC, State PCS, Judiciary and other competitive examinations, Article 142 is important because it explains the exceptional powers of the Supreme Court and its relationship with constitutional principles, statutory law and separation of powers.

Article 142 of the Indian Constitution: Overview

Article 142: Extraordinary Power of the Supreme Court gives the apex court a constitutional mechanism to do complete justice in a pending cause or matter. Its scope is broad, but its exercise remains subject to constitutional discipline and judicial restraint.

Particular Details
Constitutional Provision Article 142
Part of Constitution Part V – The Union
Court concerned Supreme Court of India
Main purpose Doing complete justice
Nature of power Extraordinary constitutional power
Article 142(1) Power to pass necessary decrees and orders
Article 142(2) Certain powers relating to attendance, documents and contempt
Territorial enforceability Throughout India

What is Article 142 of the Indian Constitution?

Article 142: Extraordinary Power of the Supreme Court empowers the Supreme Court to pass a decree or order necessary for doing complete justice in a cause or matter pending before it. The provision is designed to help the Court provide effective relief when the circumstances of a case demand an exceptional remedy.

Meaning of Article 142

In simple terms, Article 142 allows the Supreme Court to mould relief according to the facts and circumstances of a case so that the final outcome genuinely serves the ends of justice.

The power is constitutional in nature and belongs specifically to the Supreme Court. It is not an ordinary power available to every court.

Main Objective of Article 142

The central objective of Article 142 is to prevent a situation where a litigant is left without an effective remedy merely because existing procedural or statutory remedies are insufficient to resolve the particular dispute.

The provision therefore gives the Supreme Court flexibility while deciding matters pending before it.

Article 142 and the Power to Do Complete Justice

The phrase “complete justice” is the foundation of Article 142. The Supreme Court has repeatedly explained that this power is intended to secure justice between the parties rather than to operate as an unrestricted authority to disregard constitutional or legal requirements.

What Does “Complete Justice” Mean?

“Complete justice” does not simply mean giving a favourable decision to one party. It means granting a remedy that fairly addresses the circumstances of the case and brings the dispute to an effective conclusion.

The Supreme Court may therefore mould relief when ordinary remedies do not adequately meet the demands of justice.

How Does the Supreme Court Use Article 142?

The Court considers the facts, legal framework, rights of the parties and the overall circumstances before deciding whether extraordinary intervention is necessary.

Article 142 has been used in different areas, including matrimonial disputes, compensation matters, procedural difficulties, settlement of disputes and other exceptional situations.

Key Features of Article 142

The Article 142: Extraordinary Power of the Supreme Court framework has several distinctive features that separate it from ordinary judicial remedies. Its constitutional character gives the Supreme Court considerable flexibility, while judicial precedents provide important boundaries for its use.

Extraordinary Constitutional Power

Article 142 is a constitutional power rather than a power derived merely from an ordinary statute. It gives the Supreme Court an additional mechanism to ensure that justice is effectively delivered in exceptional circumstances.

Power to Pass Necessary Decrees and Orders

Under Article 142(1), the Supreme Court may pass such decree or make such order as is necessary for doing complete justice in a cause or matter pending before it.

Such orders are enforceable throughout the territory of India in the manner provided by law or, until such provision is made, in the manner prescribed by the President.

Scope of Article 142

The expression “cause or matter” has been interpreted broadly. The Supreme Court has also clarified through different judgments that the power should be exercised carefully and according to the facts of each case.

Limitations of Article 142

Although Article 142: Extraordinary Power of the Supreme Court is wide, it is not an unlimited licence to ignore the Constitution, fundamental rights, statutory requirements or the institutional boundaries between the judiciary and legislature.

Is Article 142 an Unlimited Power?

No. Article 142 is extraordinary but not unlimited.

The Supreme Court cannot use Article 142 to act contrary to the basic constitutional framework. The Court has repeatedly stressed the need for caution, particularly where exercising the power could interfere with substantive legal or constitutional principles.

Article 142 and Existing Laws

The relationship between Article 142 and statutory law has been considered in several important judgments.

The Court may supplement existing law to achieve complete justice, but the power cannot be understood as a general authority to rewrite the statutory scheme whenever the Court considers another outcome desirable.

Article 142 and Separation of Powers

Article 142 must operate within the constitutional separation of powers.

The Supreme Court may issue directions necessary to decide a case, but it cannot assume the legislative function of Parliament. The Court has specifically recognised that judicial directions cannot compel the legislature to enact a law in a particular manner.

Important Supreme Court Cases Related to Article 142

The meaning and limits of Article 142: Extraordinary Power of the Supreme Court have developed significantly through judicial decisions. Landmark cases have helped explain when the power can be used and where the Court must exercise restraint.

Important Cases Where Article 142 Was Used

Case Year Importance
Prem Chand Garg v. Excise Commissioner 1962 Highlighted constitutional limits on Article 142
A.R. Antulay v. R.S. Nayak 1988 Considered the relationship between Article 142 and legal/constitutional limitations
Union Carbide Corporation v. Union of India 1991 Important discussion on the broad scope of “cause or matter”
Supreme Court Bar Association v. Union of India 1998 Explained limitations on using Article 142 in conflict with statutory provisions
Shilpa Sailesh v. Varun Sreenivasan 2023 Constitution Bench recognised the power to dissolve a marriage in cases of complete and irretrievable breakdown
Dhananjay Rathi v. Ruchika Rathi 2026 Applied Article 142 to dissolve a marriage after finding an irretrievable breakdown

The Supreme Court’s own records and judgments show that these cases are important for understanding the evolution of Article 142 jurisprudence.

Key Principles Established by the Supreme Court

The major principles emerging from these cases include:

  • Article 142 is an extraordinary constitutional power.
  • Its purpose is to secure complete justice.
  • It must be exercised with caution and judicial restraint.
  • Fundamental rights cannot be violated through Article 142.
  • The Court cannot use the provision as a general substitute for legislation.
  • The power may be used to mould relief according to the facts of an exceptional case.
  • Article 142 should advance justice rather than defeat it.

Article 142 in Recent Supreme Court Judgments

Recent Supreme Court decisions show that Article 142: Extraordinary Power of the Supreme Court continues to play an important role in resolving exceptional disputes. At the same time, recent judgments also demonstrate that the Court examines statutory rules and constitutional principles before exercising this power.

Recent Use of Article 142

In Dhananjay Rathi v. Ruchika Rathi, 2026 INSC 360, the Supreme Court considered Article 142 in the context of a matrimonial dispute. The Court found that the marriage had completely and irretrievably broken down and exercised its constitutional power to grant divorce.

Another important 2026 decision, Sunil Kumar Yadav v. State of Jharkhand, 2026 INSC 462, emphasised that extraordinary powers under Article 142 cannot be used to direct regularisation of temporary employees contrary to statutory recruitment rules.

These judgments demonstrate both sides of Article 142: its ability to provide exceptional relief and the importance of respecting statutory and constitutional boundaries.

Why Article 142 Remains Important

Article 142 remains relevant because every dispute may not fit perfectly within an existing statutory remedy. In such exceptional circumstances, the Supreme Court needs sufficient constitutional flexibility to ensure that justice is not defeated merely because of procedural or remedial limitations.

At the same time, the Court’s recent approach shows that flexibility must be balanced with judicial discipline.

Article 142 vs Article 141

The difference between Article 141 and Article 142: Extraordinary Power of the Supreme Court is important for competitive examinations because both provisions deal with the authority of the Supreme Court but serve different constitutional purposes.

Difference Between Article 141 and Article 142

Basis Article 141 Article 142
Main purpose Declares the law laid down by Supreme Court Enables complete justice in a pending matter
Nature Binding precedent Extraordinary remedial power
Applies to All courts in India Supreme Court exercises it in matters before it
Focus Law declared by Supreme Court Appropriate decree or order
Key phrase “Law declared by the Supreme Court” “Doing complete justice”

In short, Article 141 makes the law declared by the Supreme Court binding on all courts, whereas Article 142 provides an extraordinary mechanism for giving effective relief in a particular matter.

Article 142 vs Ordinary Judicial Powers

The Article 142: Extraordinary Power of the Supreme Court provision differs from ordinary judicial powers because it allows the Supreme Court to mould relief in exceptional situations beyond the routine remedies normally available under procedural and statutory law.

How Article 142 is Different

Ordinary judicial powers generally operate within established procedural and statutory frameworks. Article 142 gives the Supreme Court additional constitutional flexibility to ensure complete justice.

However, this distinction should not be misunderstood. Extraordinary power does not mean unrestricted power. The Court must still respect constitutional values, fundamental rights and the principle of separation of powers.

Importance of Article 142 for UPSC and Competitive Exams

For UPSC, SSC, State PCS, Judiciary and other competitive examinations, Article 142: Extraordinary Power of the Supreme Court is a high-value constitutional topic because questions can test its purpose, scope, limitations and landmark judgments.

Important Facts to Remember

  • Article 142 is related to the Supreme Court of India.
  • Its main purpose is to do complete justice.
  • Article 142(1) deals with decrees and orders.
  • Orders and decrees under Article 142(1) are enforceable throughout India.
  • Article 142(2) deals with powers concerning attendance, discovery or production of documents and contempt, subject to parliamentary law.
  • Article 141 deals with the binding nature of law declared by the Supreme Court.
  • Article 142 is an extraordinary constitutional power.
  • The power is not unlimited.
  • Fundamental rights remain an important constitutional limitation.
  • Separation of powers is relevant when assessing the scope of Article 142.

Frequently Asked Exam Points

Exam Point Correct Answer
Article 142 belongs to Supreme Court
Main objective Complete justice
Article 142(1) Decrees and orders
Article 142(2) Attendance, documents and contempt-related powers
Article 141 Law declared by Supreme Court binding on all courts
Nature of Article 142 Extraordinary constitutional power
Can Article 142 be treated as unlimited? No
Important matrimonial case Shilpa Sailesh v. Varun Sreenivasan
Important 2026 case Dhananjay Rathi v. Ruchika Rathi
Important limitation principle Constitutional and statutory boundaries must be respected

Article 142 Quick Revision Table

For quick revision, the following table captures the most important points about Article 142: Extraordinary Power of the Supreme Court in an exam-friendly format.

Topic Quick Revision
Constitutional Article Article 142
Court Supreme Court of India
Core phrase Complete justice
Article 142(1) Necessary decree or order
Enforcement Throughout India
Article 142(2) Attendance, documents and contempt
Nature Extraordinary constitutional power
Main purpose Effective and complete justice
Important limitation Not an unlimited power
Article 141 Binding law declared by Supreme Court
Landmark case Prem Chand Garg
Important constitutional case Supreme Court Bar Association
Matrimonial landmark Shilpa Sailesh
Recent 2026 example Dhananjay Rathi
Key exam concept Complete justice + judicial restraint

Important Points About Article 142

The most important takeaway from Article 142: Extraordinary Power of the Supreme Court is that extraordinary judicial power exists to secure justice, not to replace the constitutional functions of Parliament or disregard legal principles.

  • It is a constitutional power of the Supreme Court.
  • It is primarily aimed at doing complete justice.
  • The power can be exercised only in a cause or matter pending before the Court.
  • It can be used to mould relief according to exceptional circumstances.
  • The power is wide but not absolute.
  • Fundamental rights cannot be overridden through an arbitrary use of Article 142.
  • Separation of powers limits judicial overreach.
  • Recent judgments continue to demonstrate both the usefulness and limitations of this constitutional power.

Article 142 Preparation Tips for Competitive Exams

For competitive exams, prepare Article 142: Extraordinary Power of the Supreme Court through its constitutional text, key phrases, landmark judgments and comparison with Article 141. Focus on concepts rather than memorising isolated statements.

Preparation Area What to Study How to Prepare
Constitutional Text Article 142(1) and 142(2) Read the original wording carefully
Core Concept Complete justice Understand its practical meaning
Scope Extraordinary judicial power Learn where the power can be applied
Limitations Fundamental rights and statutory framework Revise landmark judgments
Article 141 Comparison Binding law vs complete justice Prepare a comparison table
Landmark Cases Prem Chand Garg, A.R. Antulay, Union Carbide, SCBA Remember case + principle
Matrimonial Jurisprudence Shilpa Sailesh and later cases Understand irretrievable breakdown
Recent Judgments 2026 Article 142 cases Add one or two current examples
MCQ Preparation Article number + purpose + case law Practise statement-based questions
Revision Quick facts and differences Revise through short tables

A useful strategy is to remember Article 142 through the sequence “Supreme Court → Complete Justice → Extraordinary Power → Necessary Order → Constitutional Limits.”

Important Links
Indian Constitution Part V – The Union
Supreme Court of India High Courts in India
Fundamental Rights Judiciary

Conclusion

Article 142: Extraordinary Power of the Supreme Court gives the Supreme Court a unique constitutional ability to ensure complete justice in exceptional cases. Its wide scope allows the Court to mould relief according to the facts of a matter, but the power is not unlimited.

The Supreme Court’s decisions have established that Article 142 must be exercised carefully, consistently with constitutional principles and with respect for the separation of powers. For competitive-exam preparation, students should remember its core phrase “complete justice”, its distinction from Article 141, and landmark decisions that have shaped its scope.

Frequently Asked Questions

Article 142 gives the Supreme Court the constitutional power to pass such decree or order as is necessary for doing complete justice in any cause or matter pending before it.

The main purpose of Article 142 is to enable the Supreme Court to do complete justice by granting appropriate relief in exceptional circumstances where ordinary remedies may not be sufficient.

The power under Article 142 is vested in the Supreme Court of India. It is an extraordinary constitutional power available to the apex court.

No. Article 142 is a wide and extraordinary power, but it is subject to constitutional principles, including fundamental rights and the separation of powers.

Article 141 makes the law declared by the Supreme Court binding on all courts in India, while Article 142 empowers the Supreme Court to pass necessary orders or decrees for doing complete justice in a pending matter.
 

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