Article 142 of the Constitution of India

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Article 142 of the Constitution of India is a provision that empowers the Supreme Court to pass any decree or order necessary to do complete justice in any case before it.

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Predicate Object
instanceOf constitutional provision
allows Supreme Court to pass any decree necessary for doing complete justice
Supreme Court to pass any order necessary for doing complete justice
alsoKnownAs complete justice provision
appliesTo cases before the Supreme Court of India
appliesWhen ordinary legal remedies are inadequate to ensure complete justice
Article 142(1) effect decree or order of the Supreme Court shall be enforceable throughout the territory of India
Article 142(1) provides that the Supreme Court may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it
Article 142(2) provides that the Supreme Court shall have all and every power to make orders for securing attendance of persons, discovery or production of documents, or investigation or punishment of contempt of itself
bindingNature orders under Article 142 are binding on all courts and authorities in India
bindingOn all authorities in the territory of India when acting under Supreme Court directions
category Indian constitutional law
powers of the Supreme Court of India
characteristic confers wide discretionary powers on the Supreme Court
enables doing complete justice beyond procedural technicalities
supplementary to other constitutional and statutory provisions
constitutionalPosition located in Part V, Chapter IV of the Constitution of India
country India
effectOnRelief permits tailoring of relief beyond the strict pleadings of parties
empowers Supreme Court of India NERFINISHED
enforcement throughout the territory of India
governs enforcement of decrees and orders of the Supreme Court of India
historicalContext adopted with the Constitution of India in 1950
interpretedBy Supreme Court of India NERFINISHED
jurisdiction Supreme Court of India NERFINISHED
language English (authoritative text)
legalSystem Indian legal system
limitation cannot be used to contravene express substantive provisions of law as interpreted by the Supreme Court
cannot be used to override fundamental rights
cannot be used to supplant substantive law but may supplement it
natureOfPower discretionary
extraordinary
partOf Constitution of India NERFINISHED
purpose to do complete justice in any cause or matter pending before the Supreme Court
relatedTo Article 136 of the Constitution of India
Article 141 of the Constitution of India NERFINISHED
Article 32 of the Constitution of India
scope any cause or matter pending before the Supreme Court
civil matters
constitutional matters
criminal matters
section Article 142(1)
Article 142(2)
subjectTo Constitution of India NERFINISHED
usedFor granting relief not expressly provided by statute in appropriate cases
issuing directions to fill legislative or executive gaps in limited circumstances
moulding relief to ensure complete justice between parties

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Part V, Chapter IV of the Constitution of India containsArticle Article 142 of the Constitution of India