Article 142 of the Constitution of India
E525712
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.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Article 142 of the Constitution of the India | 0 |
Statements (47)
| 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 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Part V, Chapter IV of the Constitution of India
→
containsArticle
→
Article 142 of the Constitution of India
ⓘ