Article 142 Power of Supreme Court to review its Judgment

Article 142: Power of Supreme Court to review its Judgment

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This article on ‘Article 142: Power of the Supreme Court to review its own Judgment‘ was written by an intern at Legal Upanishad.

Introduction

Article 142 of the Constitution of India grants the Supreme Court the power to review its own judgments. This provision is unique to the Indian Constitution and is an essential feature of the judicial system in India.

The power conferred on the Supreme Court by Article 142 is very wide and discretionary. It enables the court to pass any order necessary to do complete justice in any matter pending before it, whether or not the relief sought is provided for by any existing law. The court can pass any order, including those that are in conflict with other laws and legal provisions if it is necessary to do so to ensure justice.

The power of review conferred on the Supreme Court is not an appellate power, but it is a power to review its own orders and judgments passed in a case. This power can be exercised only in exceptional circumstances, where the court finds that its order or judgment has resulted in a grave miscarriage of justice, or where there is an error apparent on the face of the record.

The Supreme Court has been very cautious in exercising this power and has used it only in cases where it was necessary to do complete justice. The court has stated that it will not use this power to reopen final judgments and that it will not interfere with the findings of fact arrived at by lower courts.

Article 142 of the Constitution of India empowers the Supreme Court to review its own judgments and to pass any order necessary to do complete justice in any matter pending before it. However, this power is to be used very cautiously, and only in exceptional circumstances, to ensure that justice is done.

Power Of Supreme Court Under Article 142

Article 142 of the Constitution of India confers wide powers on the Supreme Court of India to pass any order necessary to do “complete justice” in any matter pending before it. This power is not limited by any other provision of the Constitution or any other law in force in India.

The power of the Supreme Court under Article 142 is discretionary and can be used in cases where no other law or provision exists to provide relief. This power is an extraordinary power and is to be used sparingly and cautiously.

Some of the important powers of the Supreme Court under Article 142 are:

  1. Enforcement of Fundamental Rights: The Supreme Court can use its power under Article 142 to enforce fundamental rights guaranteed under the Constitution of India. For example, in the case of Vishaka v. State of Rajasthan, the Supreme Court used its power under Article 142 to issue guidelines on sexual harassment in the workplace.
  2. To Fill Legal Gaps: The Supreme Court can use its power under Article 142 to fill gaps in existing laws or legal provisions. For example, in the case of MC Mehta v. Union of India, the Supreme Court used its power under Article 142 to issue directions to protect the environment.
  3. To Modify Earlier Orders: The Supreme Court can use its power under Article 142 to modify its earlier orders to ensure that justice is done. For example, in the case of Vineet Narain v. Union of India, the Supreme Court used its power under Article 142 to modify its earlier order on the CBI investigation into the Jain Hawala scam.
  4. To Order Investigation: The Supreme Court can use its power under Article 142 to order investigations into cases where there is no other provision to order such an investigation. For example, in the case of the Ram Janmabhoomi-Babri Masjid title dispute, the Supreme Court used its power under Article 142 to set up a three-member committee to facilitate the construction of a temple at the disputed site.

Purpose Of Conferring Such Power to the Supreme Court

The power conferred on the Supreme Court under Article 142 of the Constitution of India is essential for ensuring that justice is done in cases where no other provision of law exists to provide relief. The purpose of conferring such power to the Supreme Court is to ensure that the court has the necessary tools to provide complete justice in all cases that come before it.

Here are some of the key purposes of conferring such power to the Supreme Court:

  1. To Fill Legal Gaps: The Constitution of India and the laws passed by Parliament and State Legislatures cannot anticipate every situation that may arise in the country. Article 142 allows the Supreme Court to fill legal gaps that may exist in the law to ensure that justice is done.
  • To Uphold Fundamental Rights: Fundamental rights are enshrined in the Constitution of India and are an essential feature of a democratic society. Article 142 allows the Supreme Court to use its power to uphold fundamental rights, even in cases where there is no other provision in the law to provide relief.
  • To Modify Earlier Orders: The Supreme Court may, in the interest of justice, modify its own earlier orders. This power is essential to ensure that the court’s orders do not result in unintended or unjust consequences.
  • To Ensure Compliance: The Supreme Court has the power to use Article 142 to ensure that its orders are complied with. For example, the court can use this power to ensure that a convicted criminal serves their sentence in full or to enforce environmental regulations.

The purpose of conferring such power to the Supreme Court is to ensure that the court has the necessary tools to provide complete justice in all cases that come before it. Article 142 ensures that the Supreme Court can uphold fundamental rights, fill legal gaps, modify its own orders, and ensure compliance with its orders.

Necessity Of Article 142 And Its Nature In The Contemporary World

Article 142 of the Indian Constitution empowers the Supreme Court to pass any order or decree necessary to do “complete justice” in any case or matter pending before it. This article is considered a very important provision in the Indian Constitution as it gives the Supreme Court the power to provide relief in situations where no other legal remedy is available.

The nature of Article 142 is quite wide and flexible, as it allows the Supreme Court to exercise its jurisdiction in a manner that it deems fit to do complete justice. This provision gives the court the power to go beyond the provisions of the law and to provide relief based on equity, fairness, and good conscience. In other words, the Supreme Court can pass any order or decree that it considers necessary to ensure that justice is done in a particular case.

In the contemporary world, Article 142 has become increasingly relevant as it provides the Supreme Court with the power to intervene in cases where fundamental rights are at stake or where the rule of law is threatened. For example, the Supreme Court has used this provision to issue directions to the government to take action to protect the environment, to ensure that prisoners are not subjected to inhuman treatment, and to safeguard the rights of marginalized communities.

However, the use of Article 142 has also been the subject of debate, as some have argued that it gives the Supreme Court too much power and can lead to judicial overreach. Critics have also raised concerns about the lack of clear guidelines for the exercise of this power and the potential for inconsistency in its application.

while Article 142 is an important provision in the Indian Constitution that empowers the Supreme Court to provide relief in situations where no other legal remedy is available, its use must be balanced with the need to ensure that the rule of law is upheld and that the judiciary does not overstep its bounds.

Conclusion

Article 142 of the Constitution of India grants the Supreme Court the power to review its own judgments, orders or directions in order to ensure complete justice is done in a particular case. This power is unique to the Supreme Court and not available to any other court in the country.

The purpose of this provision is to correct any errors or mistakes that may have crept into a judgment, order or direction of the Supreme Court, which may have resulted in an injustice being done to a party in a case. It is not meant to be an alternative to the normal appellate process, but rather a safeguard against the miscarriage of justice.

However, this power is to be exercised sparingly and in exceptional circumstances, where the interest of justice demands it. The court must be satisfied that there is a glaring error or a patent omission in the judgment, order or direction, which has resulted in an injustice to a party, and that there is no other remedy available to correct that error or omission.

In conclusion, the power of the Supreme Court to review its own judgment is a crucial safeguard against injustice and a cornerstone of the Indian judiciary. Its use must be guided by the principles of fairness, reasonableness, and justice, and exercised only in exceptional circumstances where there is no other remedy available.

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