Article 142 – Is the Judiciary Overstepping its Limits to do “Complete Justice”?

  • Devrath Reddy Bollampally
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  • Devrath Reddy Bollampally

    Student at Symbiosis Law School, Hyderabad, India

Abstract

The duty of courts is to do justice to the aggrieved parties. The constitution of India empowers the courts in India with wide range of powers in order to deliver justice. Article 142 of the Indian constitution is one such provision which empowers the supreme court to pass any such order or decree for doing “complete justice”. The supreme court of India on various circumstances has invoked article 142 in order to deliver complete justice. Such provisions become necessary in a democratic form of government which requires a system of checks and balance between the organs of the state. Article 142 also enables the supreme court to fulfil its role as a guardian of rights of the citizens against the arbitrary use of power by the government or any official. However, in recent times courts have been accused for invoking article 142 and overstepping their limits and violating the principles of the doctrine of separation of powers. There are many contentions raised that the judiciary needs to restrain itself from stepping and assuming the role of the legislature and other administrative bodies. Though the doctrine of separation of powers finds a place in the Indian Constitution, it is not applied in the strict sense. The Constitution of India through its provisions clearly separates the powers and functions of the organs of the state but it does to expressly mention about the strict implementation of the doctrine of separation of powers.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 1171 - 1182

DOI: http://doi.one/10.1732/IJLMH.26299

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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