“Complete Justice” Revisited:Trends, Developments, And Transformations In Article 142
Neelesh Nandan, B.A. LL.B., K.L.E. Law College, Bengaluru, Karnataka, India
Ashmitha G, B.B.A. LL.B., K.L.E. Law College, Bengaluru, Karnataka, India
ABSTRACT
Article 142 of the Indian Constitution grants the Supreme Court the authority to ensure “complete justice,” positioning it as a critical component of Indian judicial power. This paper examines its evolution from a rarely utilized procedural tool to a significant force in shaping substantive legal outcomes. Initially intended as a supplementary provision, Article 142’s application has broadened to address legislative gaps and governance issues, particularly in areas such as matrimonial disputes and constitutional crises. Recent trends illustrate how the Court seeks to balance equitable relief against constitutional limits.
However, concerns about institutional overreach, inconsistent use, and conflicts with the separation of powers highlight the need for a thorough reassessment of Article 142’s application. Studies reveal inconsistent invocation patterns, prompting discussions about the clarity of its doctrine and the need for judicial self-restraint. Through an analysis of constitutional theory, case law, and critiques, the paper argues that while Article 142 is crucial for justice, its implementation should be principled, transparent, and aligned with the broader constitutional framework.
The study concludes that the transformative potential of Article 142 must be exercised with caution to maintain democratic integrity. It calls for a clearer jurisprudential framework that balances equity with constitutional adherence, ensuring that the notion of “complete justice” is both relevant and constitutionally anchored.
Keywords: Article 142; Complete Justice; Supreme Court of India; Emerging Trends; Judicial Powers; Constitutional Interpretation.
