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Article 142

Article 142:

In ordering the release of Rajiv Gandhi assassination case convict A G Perarivalan on May 18, the Supreme Court invoked the extraordinary power conferred on the court under Article 142 of the Constitution.

Article 142 of Constitution:

  • Title: Enforcement of decrees, orders of Supreme Court and orders as to discovery, etc.
  • This article has 2 provisions –
    • 142(1): The Supreme Court may pass an order for doing complete justice.
    • 142(2): It confers three different powers on the Supreme Court. They are:
      • Securing the attendance of persons before it.
      • Discovery and production of documents and
      • Investigation and punishment of contempt of itself.
    • About A-142(1): Doing Complete Justice
  • The objective of Article 142(1) is that the Supreme Court must not be dependent on the executive for the enforcement of its decrees and orders.
  • Such dependence would otherwise violate the principles of independence of the judiciary and separation of powers, both of which are part of the basic structure of the Constitution.
  • In Supreme Court Bar Association v. Union of India (1998), it was decided that this article
    • Cannot be used to over-ride the existing law, but only to supplement the law and
    • Can be invoked for procedure purposes only.

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