Supreme Court’s Power to Do Complete Justice

Article 142 empowers the Supreme Court to pass any decree or order necessary for doing complete justice in a cause or matter pending before it. It is an extraordinary, supplementary power that enables the Court to mould effective relief when ordinary remedies are inadequate, but it does not give the Court unlimited or independent jurisdiction.

Constitutional scope

Under Article 142(1), such decrees and orders are enforceable throughout India in the manner prescribed by parliamentary law or, until then, by presidential order. Article 144 requires all civil and judicial authorities in India to act in aid of the Supreme Court.

• The power can be exercised only in a cause or matter pending before the Supreme Court; Article 142 is not an independent source of original jurisdiction.
• Under Article 142(2), subject to parliamentary law, the Court may secure attendance, order discovery or production of documents, and investigate or punish contempt of itself.

How the power operates

The Court may adapt or extend relief to ensure that its adjudication produces a just and workable result rather than a merely formal remedy. This allows it to bridge remedial gaps in exceptional cases, including those involving rights and vulnerable persons.

• It may mould relief, issue consequential directions, facilitate settlements, correct procedural injustice, or supervise implementation of its orders.
• The power is curative and supplementary: it enables effective justice within the pending dispute rather than replacing the ordinary law-making process.

Limits on the power

Article 142 is broad but remains subject to the Constitution. In Prem Chand Garg v. Excise Commissioner (1962), the Court held that its orders cannot contravene fundamental rights; in Supreme Court Bar Association v. Union of India (1998), it clarified that Article 142 cannot be used to supplant substantive law.

• The Court cannot disregard an express substantive statutory prohibition merely to reach an outcome it considers equitable.
• The exercise must respect natural justice, affected parties' rights, and the constitutional distribution of powers.
• Because the power is exceptional and fact-sensitive, it should not become a routine substitute for remedies provided by law.

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