Complete Justice " A Critical Appraisal Of India Constitution Article 142"

Abstract: Article 142 of the Indian Constitution endows the Supreme Court with extraordinary powers to ensure "complete justice" in any cause or matter pending before it. This provision stands as a testament to the flexibility and expansiveness of judicial authority in India, allowing the Court to transcend traditional legal boundaries to deliver equitable solutions. This critical appraisal explores the historical evolution, judicial interpretations, and practical applications of Article 142. It examines landmark cases that have leveraged this provision, highlighting its role in shaping jurisprudence and addressing gaps in the legislative framework. The study also delves into the ethical and constitutional debates surrounding the use of Article 142, scrutinizing the balance between judicial activism and overreach. Through a comprehensive analysis, this paper aims to assess the impact of Article 142 on the Indian legal system, its effectiveness in delivering justice, and its implications for the doctrine of separation of powers. By understanding the nuances and challenges associated with this article, the paper seeks to contribute to ongoing discussions on judicial innovation and its boundaries within a democratic framework.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-08-31
DOI
https://doi.org/10.5281/zenodo.13682858
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

Complete Justice " A Critical Appraisal Of India Constitution Article 142"

Zenodo (CERN European Organization for Nuclear Research)
Environmental law and policy
article

Complete Justice " A Critical Appraisal Of India Constitution Article 142"

article en

Abstract

Abstract: Article 142 of the Indian Constitution endows the Supreme Court with extraordinary powers to ensure "complete justice" in any cause or matter pending before it. This provision stands as a testament to the flexibility and expansiveness of judicial authority in India, allowing the Court to transcend traditional legal boundaries to deliver equitable solutions. This critical appraisal explores the historical evolution, judicial interpretations, and practical applications of Article 142. It examines landmark cases that have leveraged this provision, highlighting its role in shaping jurisprudence and addressing gaps in the legislative framework. The study also delves into the ethical and constitutional debates surrounding the use of Article 142, scrutinizing the balance between judicial activism and overreach. Through a comprehensive analysis, this paper aims to assess the impact of Article 142 on the Indian legal system, its effectiveness in delivering justice, and its implications for the doctrine of separation of powers. By understanding the nuances and challenges associated with this article, the paper seeks to contribute to ongoing discussions on judicial innovation and its boundaries within a democratic framework.

Zenodo (CERN European Organization for Nuclear Research)
Swami Vivekanand College of Pharmacy (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 38%
Environmental law and policy
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