Learn bits
Polity & Governance
Mahesh

20/05/22 08:51 AM IST

Article 142

In News 
  • The Supreme Court has invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and ordered the release of A.G. Perarivalan in former Prime Minister Rajiv Gandhi assassination case.
Article 142 
  • Article 142 “provide(s) a unique power to the Supreme Court, to do “complete justice” between the parties,e., where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case.
  • From the Union Carbide Case in 1989 to the Ayodhya Ram Mandir judgment in 2019, the top court has many a time invoked its extraordinary powers under Article 142 of the Constitution.

WHY WAS THE NEED FOR ARTICLE 142?

  • The Article 142 gives unlimited power to the Supreme Court to do complete justice in cases where the litigants have suffered injustices during the proceedings.
  • The farmers, who faced delays in getting their share of reliefs, felt this provision would help the disadvantaged people in the society.
  • According to Pandit Thakur Das Bhargava, “The Supreme Court shall exercise these powers and will not be deterred from doing justice by the provision of any rule or law, executive practice or executive circular or regulation.”

Pardoning powers of the President vs Governor:
  • The court dismissed the Centre’s argument that the President exclusively, and not the Governor, had the power to grant pardon in a case under Section 302 (punishment for murder) of the Indian Penal Code.
  • Because, this argument would declare Article 161 a “dead letter,” resulting in an exceptional situation in which Governors’ pardons in murder cases dating back 70 years would be rendered invalid.
Source-Indian Express 

More Related Current Affairs View All

28 Aug

IADT-1

'Recently, the Indian Space Research Organisation (ISRO) successfully carried out its first Integrated Air Drop Test (IADT-1), a crucial milestone in the preparation for the countr

Read More

28 Aug

H-1B visa changes

'H-1B visa changes 2025: United States Commerce Secretary Howard Lutnick called the popular H-1B visa program a “scam”, saying that American businesses should be focuse

Read More

28 Aug

UGC’s Learning Outcomes-based Curriculum Framework

'Recently, the University Grants Commission (UGC) issued a public notice on its development of a draft Learning Outcomes-based Curriculum Framework (LOCF).' LOCF is intended to

Read More

India’s First Ai-Driven Magazine Generator

Generate Your Custom Current Affairs Magazine using our AI in just 3 steps