Explain the scope and purpose of Article 142 of the Constitution. Examine the conditions under which the Supreme Court may invoke it to mould relief.
Kartavya Desk Staff
Topic: Structure, organization and functioning of the Executive and the Judiciary
Topic: Structure, organization and functioning of the Executive and the Judiciary
Q2. Explain the scope and purpose of Article 142 of the Constitution. Examine the conditions under which the Supreme Court may invoke it to mould relief. (10 M)
Difficulty Level: Medium
Reference: NIE
Why the question Article 142 has emerged as a powerful constitutional tool in recent judicial decisions, especially in cases involving humanitarian distress and institutional gaps, raising important questions about its scope, limits, and role in constitutional governance. Key Demand of the question The question requires explaining the constitutional scope and purpose of Article 142 and examining the specific circumstances and principles that guide the Supreme Court in invoking this power to mould relief, without crossing into judicial overreach. Structure of the Answer: Introduction Briefly situate Article 142 as an extraordinary constitutional provision aimed at achieving complete justice beyond procedural rigidity, while remaining anchored in constitutional morality. Body Outline the scope and purpose of Article 142 by linking it to complete justice, equitable relief, and gap-filling in exceptional cases. Examine the conditions for its invocation by highlighting exceptional circumstances, absence of effective statutory remedies, and the requirement of institutional restraint. Conclusion Conclude by emphasising that Article 142 is a constitutional safety valve whose legitimacy lies in its sparing, principled, and value-based exercise.
Why the question Article 142 has emerged as a powerful constitutional tool in recent judicial decisions, especially in cases involving humanitarian distress and institutional gaps, raising important questions about its scope, limits, and role in constitutional governance.
Key Demand of the question The question requires explaining the constitutional scope and purpose of Article 142 and examining the specific circumstances and principles that guide the Supreme Court in invoking this power to mould relief, without crossing into judicial overreach.
Structure of the Answer:
Introduction Briefly situate Article 142 as an extraordinary constitutional provision aimed at achieving complete justice beyond procedural rigidity, while remaining anchored in constitutional morality.
• Outline the scope and purpose of Article 142 by linking it to complete justice, equitable relief, and gap-filling in exceptional cases.
• Examine the conditions for its invocation by highlighting exceptional circumstances, absence of effective statutory remedies, and the requirement of institutional restraint.
Conclusion Conclude by emphasising that Article 142 is a constitutional safety valve whose legitimacy lies in its sparing, principled, and value-based exercise.