The Double-Edged Sword Of Article 142: Justice Beyond Law Or Judicial Overreach
- IJLLR Journal
- Jul 24
- 2 min read
Shaurya Gupta, Dr. Ram Manohar Lohiya National Law University, Lucknow
ABSTRACT
Article 142 of the Indian Constitution empowers the Supreme Court of India with sweeping powers to pass orders and decrees necessary to secure complete justice in any matter pending before the court. This potent tool is unique in its breadth and flexibility, allowing the court to transcend beyond the procedural and statutory provisions and fill the legal lacunae where the law is either silent or inadequate. Over the past years, the apex court has invoked these powers in many landmark decisions ranging from the Vishaka Guidelines and the age-old Ayodhya verdict to the Union Carbide Case and environmental jurisprudence.
This research article critically examines the constitutional scope, historical development, judicial interpretation and evolving utility of Article 142. It explores whether the Court’s foraying into another institutional domain comprises legitimate judicial activism or crosses into judicial overreach. Through analysis, the article highlights how this provision has served as a tool to ensure complete justice in legally complex matters, especially for marginalised communities. However, it also sheds light upon the potential risk of unchecked use, including legal ambiguity, inconsistency in jurisprudence and erosion of institutional accountability.
This article also delves into the socio-legal implications of Article 142, recognising its role in reinforcing trust in the judiciary, but at the same time, it also burdens the court to fill the gap in governance. It concludes by advocating for the codification of transparent guidelines, a clear and objective definition of complete justice and institutional safeguards to ensure the judicious use of the uncatalogued and undefined powers of this provision. Ultimately, the article advocated for a balanced approach – one that preserves the judiciary’s capacity to deliver justice while at the same time respecting constitutional boundaries.
Keywords: Complete Justice, Article 142 of the Indian Constitution, Judicial Activism, Judicial Overreach, Separation of Powers
