"Extraordinary powers must be exercised with extraordinary care." Discuss in the context of Article 142 of the Indian Constitution. (10 marks, 150 words)
Introduction
Article 142 gives extraordinary power to SC to do 'complete justice' on an issue.
14 words
Main Body
Art 142 provides: extraordinary power to do justice; force of law (in the absence of parliamentary legislation); discretionary for SC.
It has been used positively in case of:-
eg: Vishakha guidelines: Vishakha v. State of Rajasthan
eg: Delhi airport line case
eg: TN Godavarman case (environmental justice)
eg: Collegium appointment of CEC -> Anoop Baranwal case
However, improper/excessive use may:-
eg: State of TN v. Governor of TN directives to president
Conclusion
Judicial restraint must be exercised as mentioned in Balwant Singh Chaupal case.
12 words
Diagram
A small box diagram showing 'Art 142' branching into three points: extraordinary power to do justice, force of law (in the absence of parliamentary legislation), discretionary for SC.
Bipul Gupta
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Article 142 - Complete Justice
136
Total words
3
Paragraphs
structured, point-wise with case examples
Tone