"Extraordinary powers must be exercised with extraordinary care." Discuss in the context of Article 142 of the Indian Constitution.

Article 142 gives supreme court & orders complete justice. It is a tool of judicial empowerment as well as judicial excess.

Always new motu action taking power to be:

© Upheld democratic ethos)

© Recent scrapping of Chandigarh Mayor election

© Genuine federalism in action

© Recent guidelines on governor timelines (A-350) in Punjab is 001 case.

Dangers of excess power:

As VP Jagdep Dhankar said, 'Judicial must remain passive but active in upholding constitutional filed, Article 142 must be used within constitutional morality and restraint.'

State Legislative Assemblies (Part-II) of the constitution are an important cog in the Federal wheel of Indian democracy.

SLAs are involved in president election (under article 55) due to:

① [Federal representation] - President of India represents the union of all of India.

② [Symbolic head] - In the Westminster model of parliamentary democracy, President is the 'executive head' yet powers remain in hands of PM.

③ [Parliamentary democracy] - States have their say in Bills/Acts via Rajya Sabha. Tripala represent (Rajya Sabha).

Excluded from attachment - reasons:

① President impeachment is 'rare' case (Never happened in India)

② State's are represented vide Rajya Sabha

③ [Involvement would have delayed the impeachment process] - making it complex.

© Responsibilities related to State:

Hence, states have their say in election process.

Excluded from attachment - reasons:

① President impeachment is 'Rare' case (Never happened in India)

② State's are represented vide Rajya Sabha

③ Involvement would have delayed the impeachment process - making it complex.

④ Symbolic head - does not require federal removal.

Yet, President & States continued to represent state interest by acting as a guardian of the constitution.