Part V: The Union

The Union Judiciary

Article 142: Enforcement of decrees and orders of Supreme Court

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(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.

Explanations

Article 142 of the Indian Constitution empowers the Supreme Court to pass any decree or order necessary to achieve complete justice in any case pending before it. This provision underscores the unique and extraordinary power vested in the Supreme Court, enabling it to ensure that justice is served even in situations where the existing legal framework might fall short. This Article acts as a vital tool for the Court to address legal gaps and uphold the fundamental principles of justice across India.

Clause-by-Clause Explanation

1. Supreme Court’s Authority to Pass Decrees and Orders

This clause allows the Supreme Court to pass decrees and make orders that are required for ensuring complete justice in any case before it. These decrees and orders are enforceable throughout India, and Parliament is tasked with enacting laws for their enforcement. In the absence of such laws, the President may prescribe the manner of enforcement.

2. Powers Relating to Attendance, Discovery, and Contempt

The second clause provides the Supreme Court with powers to summon individuals, compel the discovery or production of documents, and handle cases of contempt against its authority. These powers apply across the entire country, enabling the Court to enforce compliance with its rulings and maintain control over judicial proceedings.

Amendments and Legal Clarifications

The Supreme Court (Decrees and Orders) Enforcement Order, 1954 is a key legislative framework that ensures the enforcement of the Court’s decrees and orders throughout India. This order supplements the Supreme Court's authority by outlining specific procedures for implementing its directives nationwide.

Real-Life Examples

• In the National Judicial Appointments Commission (NJAC) case, the Supreme Court invoked its powers under Article 142 to declare the NJAC Act unconstitutional, preserving the independence of the judiciary as part of complete justice.
• In the Subrata Roy Sahara case, the Supreme Court used Article 142 to detain the Sahara Group chairman until he complied with the Court's orders to refund money to investors, illustrating the wide authority granted under this Article.
• In the Babri Masjid-Ram Janmabhoomi dispute, the Supreme Court exercised its powers under Article 142 to deliver a binding judgment and establish a trust to manage the construction of a temple at the disputed site, aiming to achieve peace and harmony.
• In the Union Carbide Corporation v. Union of India (Bhopal gas tragedy) case, the Supreme Court used Article 142 to provide compensation to victims, going beyond existing laws to deliver justice in this massive industrial disaster.

Historical Context and Significance

The framers of the Constitution recognized that the judiciary should have the authority to act decisively in the interest of justice, even when existing laws might not suffice. Article 142 empowers the Supreme Court to act independently and fill legal gaps, ensuring that justice prevails. Historically, this Article has enabled the Court to address complex social, political, and legal issues, from environmental concerns to civil disputes of national importance.

References

• Supreme Court (Decrees and Orders) Enforcement Order, 1954
• National Judicial Appointments Commission (NJAC) case
• Subrata Roy Sahara case
• Babri Masjid-Ram Janmabhoomi dispute case
• Union Carbide Corporation v. Union of India (Bhopal gas tragedy case)

Legislative History

Article 142 of the Indian Constitution, initially defined and debated as Article 118 of the Draft Constitution, was formally incorporated into the Indian Constitution on May 27, 1949.

Debates and Amendments

Although no amendments or debates specifically targeted this article during the session, the Constituent Assembly recognized the importance of empowering the judiciary to act in the interest of justice when laws alone might fall short. As a result, the Article was adopted without changes.