1.Article 142 Judicial Powers Debate (Article 142)
What & Where
Article 142: empowers Supreme Court to issue any decree/order “necessary for complete justice” in cases before it.
Clause 1 allows enforceable directions; Clause 2 covers attendance, evidence seizure, contempt across India.
2024: invoked to treat 11 pending Tamil Nadu bills as passed, sidestepping Governor/President assent.
Quick Facts for MCQs
Legal & Policy
- Invocation bypassed Governor assent under Articles 200-201, directly validating 11 state bills.
- Provision supplements Articles 32 & 136, plugging legal gaps without statutory amendment.
- Decrees carry civil-court enforceability, binding all authorities across India.
Separation of Powers
- Critics warn judiciary acting quasi-legislative, weakening democratic accountability mechanisms.
- Overuse risks upsetting federal balance by overruling state and Union executives.
- Supporters cite case-specific relief safeguarding rights when other organs fail.
Way Forward
- Recommendation: codify judicial protocol restricting Article 142 to truly extraordinary scenarios.
- Call for quicker executive assent workflows to pre-empt courtroom governance.
- Proposal: Parliament enact clarifying statute to reinforce institutional checks and balances.
Key Data Points
| Feature | Data-Point |
|---|---|
| Constitutional Article | 142 |
| Location | Part V, Chapter IV (Union Judiciary) |
| Clause 1 Power | Complete-justice decrees/orders |
| Clause 2 Power | Attendance, document production, contempt |
| Landmark early use | Union Carbide Bhopal gas, 1989 |
| Recent flashpoint | Tamil Nadu assent delay, 2024 |
| Nature | Plenary, residuary, binding nationwide |
Related UPSC Prelims PYQs
With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Under which Article of the Indian Constitution did the President make a reference to the Supreme Court to seek the Court’s opinion on the constitutional validity of the Election Commission’s decision on deferring the Gujarat Assembly elections (in the year 2002)?





