“Justice, Limits & Power: Revisiting Article 142 in the Balance of the State”

🏛️ Thematic Focus

Category: Indian Polity | Constitution | Judiciary–Executive Relations
“Article 142: When Complete Justice Meets Constitutional Constraint”
TN vs. Governor timeline, Article 142(1) and 142(2) structure, SC vs. Executive debate, case law usage and restrictions.

📌 Key Highlights

• Recent Conflict Point:
  • Vice President Jagdeep Dhankhar criticised the Supreme Court’s April 8 ruling that mandated the President to sign bills passed by state assemblies (Tamil Nadu case).
  • Seen as a challenge to executive discretion, raising calls for judicial accountability.
• What is Article 142?
  • A powerful constitutional provision allowing the Supreme Court to ensure “complete justice.”
  • Enables the Court to override statutory limitations, enforce decrees, and even compel actions not covered by existing laws.
• Structure of Article 142:
  • Clause (1): Supreme Court can pass binding nationwide orders for justice, including where laws are silent.
  • Clause (2): Court can enforce orders, summon persons, and punish for contempt.
• When Has It Been Used?
  • Chandigarh Mayoral Election (2024): Used to nullify tampered ballots and declare a mayor.
  • Ayodhya Verdict (2019): Court invoked 142 to grant 5 acres to Sunni Waqf Board along with temple ruling.
• Judicial Overreach or Judicial Integrity?
  • While Article 142 ensures flexibility, critics argue it risks undermining separation of powers.
  • VP Dhankhar has argued that forcing the President’s hand violates executive independence.
• Is 142 Absolute? No.
  • Supreme Court Bar Association Case (1998): Article 142 cannot violate existing law.
  • State of Karnataka v. Umadevi (2006): Cannot use 142 to validate illegal actions.
  • HC Bar Assn v. State of U.P. (2024): Powers must respect natural justice and not override valid court orders.

🧠 Concept Explainer

Why Article 142 Matters — But Must Be Measured

Article 142 is India’s judicial scalpel — precise, necessary, and rare. It can heal where laws are broken or silent. But like any scalpel, if misused, it cuts through constitutional muscle. This moment is not about judicial ambition or executive ego — it’s about reaffirming the architecture of checks and balances.

📜 GS Paper Mapping

• GS Paper II:
  • Polity: Separation of Powers, Judicial Review
  • Constitutional Provisions: Article 142, Role of President, Governor-State Relations
  • Governance: Centre-State Dynamics, Constitutional Morality

✍️ Essay Paper Mapping

• Topics:
  • “The Judiciary’s Mandate: Between Interpretation and Intervention”
  • “Justice vs. Power: The Fragile Geometry of Constitutional Institutions”
  • “India’s Constitutional Compass: When the Branches Disagree”

💭 A Thought Spark — by IAS Monk

“Complete justice is not the absence of limits — it is the wisdom to stay within them, and the courage to protect those who disagree.”