The Supreme Court’s ability to invoke Article 142 to enforce constitutional accountability is not an encroachment but a necessity. Discuss.
Kartavya Desk Staff
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. The Supreme Court’s ability to invoke Article 142 to enforce constitutional accountability is not an encroachment but a necessity. Discuss. (15 M)
Difficulty Level: Medium
Reference: NIE
Why the question: Recent invocation of Article 142 by the Supreme Court to deem Bills as passed due to gubernatorial inaction has reignited debates over judicial activism, constitutional balance, and institutional accountability. Key demand of the question: The question demands an examination of how Article 142 ensures constitutional accountability, the concerns related to its use, and what institutional or legal reforms are needed to preserve constitutional harmony. Structure of the Answer: Introduction: Mention Article 142 as a unique tool to ensure complete justice, especially when constitutional functionaries fail to act. Body: Justify why invoking Article 142 becomes essential to uphold legislative mandate and fill constitutional voids. Discuss issues like lack of limits, risk of judicial overreach, and possible executive-judiciary confrontation. Suggest reforms like codified timelines, clearer doctrine, and inter-institutional conventions to reduce the need for such intervention. Conclusion: Highlight that Article 142 must act as a constitutional safety valve, not a substitute for routine governance, ensuring justice without institutional imbalance.
Why the question: Recent invocation of Article 142 by the Supreme Court to deem Bills as passed due to gubernatorial inaction has reignited debates over judicial activism, constitutional balance, and institutional accountability.
Key demand of the question: The question demands an examination of how Article 142 ensures constitutional accountability, the concerns related to its use, and what institutional or legal reforms are needed to preserve constitutional harmony.
Structure of the Answer:
Introduction: Mention Article 142 as a unique tool to ensure complete justice, especially when constitutional functionaries fail to act.
• Justify why invoking Article 142 becomes essential to uphold legislative mandate and fill constitutional voids.
• Discuss issues like lack of limits, risk of judicial overreach, and possible executive-judiciary confrontation.
• Suggest reforms like codified timelines, clearer doctrine, and inter-institutional conventions to reduce the need for such intervention.
Conclusion: Highlight that Article 142 must act as a constitutional safety valve, not a substitute for routine governance, ensuring justice without institutional imbalance.