"Extraordinary powers must be exercised with extraordinary care." Discuss in the context of Article 142 of the Indian Constitution.
Main Body
Article 142 of the Constitution provides India's Supreme Court the power to do complete justice. It's an all-encompassing broad judicial power. Extraordinary Powers are Provided: (1) Take up any case from high courts or subordinate courts (2) Steps for enforcement of decrees and order can be taken (3) Review of legislation, executive or administration actions (eg: formulation of workable guidelines for justice to women at workplace) But it must be exercised with extraordinary care: (1) Maintain separation of powers - by overarching function of legislature (2) Audence on scope of judicial overreach (eg: ban of alcohol on highways) (3) To maintain legislative autonomy and custom of electoral will of people (eg: judiciary is not accountable to atmo) (4) Maintain checks and balances to exercise of power (eg: following frustration of judicial values 2014) (5) Maintain rule of laws and (incomplete text) (6) Moreover, steps can be taken to enhance the system of checks to judicial power. Notes: NJAC bill may be reconsidered. Complete judicial guidelines must be clarified. Judiciary's powers under Article 142 must adhere to checks and balance as admiration to against constitution.
SURAMYA SHARMA
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Article 142 and Extraordinary Powers of Supreme Court
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