Extraordinary powers must be exercised with extraordinary care. Discuss in the context of Article 142 of the Indian Constitution.
Main Body
The debate on extraordinary powers of judiciary vide Article 142 (complete justice) have sailed by the judgment of State of Tamil Nadu v/s Governors of Madras Case. Article 142 - Justice, Article 142 - Complete justice Extraordinary powers under Art 142 being used: (1) Over turning ex-cusine action by the judiciary. (Eg - Gubernatorial jurisdiction of Airdel Zoo) (2) Passing orders akin to complete laws. (Eg - recent judgment of Peggy Ownal Intervention (Malay case)) (3) Violating separation of power under Article 50. (Eg - Laws making is legislative process) (4) Filling of legislative vacuum in case of women safety (Eg - Vitadhoe guideline)
SUNAWAR DEEP SINGH
Judiciary
Powers and Jurisdiction
Article 142 and Extraordinary Powers
104
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1
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formal and structured
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