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Article 142 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
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Overview

Name of the Article

Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc

Part of the Constitutional Article

Part V

Article 142 of Indian Constitution is an important provision under Part V. Article 142 grants the Supreme Court ultimate authority to ensure complete justice in cases before it. The provision empowers the Court to enforce any decree or order while delivering justice. It reinforces its effectiveness and supremacy within the judicial system of the country.

Interpretation of Article 142 of Indian Constitution

Article 142 of the Constitution states - “1) 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. 2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

Article 142 of the Indian Constitution empowers the Supreme Court the authority to enforce decrees and orders to ensure complete justice in any matter pending before it. The decrees and orders hold enforceability across the entire country and guarantee their uniform application throughout India. 

The Supreme Court is also empowered to issue orders for securing the attendance of individuals, the discovery or production of documents and the investigation or punishment of contempt of court. It is important to note that these powers are subject to laws enacted by Parliament. 

The provision highlights the ability of the Supreme Court to transcend procedural constraints to deliver justice effectively, bolstering its capacity to collect evidence, enforce compliance and uphold its directives.

In Prem Chand Garg v. Excise Commissioner, U.P. (1963) Justice Gajendragadkar highlighted that the Article 142 provides extensive powers and these cannot override constitutional provisions.

In I.C. Golaknath v. State of Punjab (1967) the Court cited the doctrine of prospective overruling and highlighted that Article 142 allows flexibility and wide-ranging powers.

The Union Carbide Corporation v. Union of India (1991) case exhibited the ability of the Supreme Court to transcend limitations in ordinary laws when it upheld a settlement related to the Bhopal gas tragedy and quashed all pending civil and criminal proceedings against the corporation. 

In Delhi Judicial Services Association v. State of Gujarat (1991) the Court merged its powers under Article 142, Article 32 and Article 136 to quash lower court proceedings.

Similarly, in Supreme Court Bar Association v. Union of India (1998) the Court made it clear that Article 142 serves as a residual source of authority and complementing statutory powers to uphold due process and equitable justice beyond legislative constraints.

Recently, in Shilpa Shailesh v. Varun Sreenivasan (2023) the Court dissolved marriages based on irretrievable breakdown without strictly complying to procedural laws and quashed criminal proceedings in the interest of justice.

Conclusion

Article 142 of Indian Constitution empowers the Supreme Court special powers to enforce its decisions and issue necessary orders. The powers play a key role in ensuring justice and upholding the rule of law.

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FAQs about Article 142 of Indian Constitution

Article 142 is mentioned under Part V of the Constitution of India.

Article 142 empowers the Supreme Court to pass decrees or orders necessary to ensure complete justice in any matter before it.

The Supreme Court cannot use Article 142 to contravene constitutional provisions. This was made clear in the case of Prem Chand Garg v. Excise Commissioner, U.P. (1963)

These powers are subject to laws made by Parliament and must be exercised judiciously and within constitutional limits.

The Supreme Court in Shilpa Shailesh v. Varun Sreenivasan (2023) has used Article 142 to quash criminal proceedings when it serves the interest of justice.

In Delhi Judicial Services Association v. State of Gujarat (1991) the Supreme Court combined its powers under Articles 142, 32 and 136 to ensure comprehensive justice.
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