Supreme Court's Use of Article 142 Raises Concerns Over Judicial Overreach

Last Updated: 07-09-2026 The Supreme Court's recent use of Article 142 to quash FIRs from nationwide protests has ignited debates over judicial overreach and power balance within India's legal framework. This is crucial for UPSC aspirants, especially for GS Paper 2, focusing on the Indian Constitution and governance.

Key Facts About Article 142

• Article 142(1) empowers the Supreme Court to ensure "complete justice" in any pending matter.
• The Constitution lacks a clear definition of "complete justice," leaving its scope broad and undefined.
• Article 142(2) allows the Court to ensure attendance, document production, and contempt punishment, subject to parliamentary laws.
• Originates from Section 210 of the Government of India Act, 1935, and colonial practices.
• Between 1950 and 2023, Article 142 was referenced 1,579 times and directly invoked 791 times, mainly in civil matters.
• Notable cases include the Bhopal Gas Tragedy (1989), Vishaka Guidelines (1997), and Ayodhya Title Dispute (2019).
• The Court has attempted to limit its powers under Article 142 to prevent misuse, emphasizing alignment with fundamental rights and existing laws.

Judicial Overreach and Balance of Powers

Article 142's broad scope raises concerns about judicial overreach, potentially encroaching on legislative domains and disrupting the separation of powers. This is significant for India's democratic framework, impacting economic, strategic, and social goals. Comparatively, countries like South Africa and Canada also empower courts for "just and equitable" remedies, highlighting global parallels.

UPSC Relevance

• GS Paper 2: Indian Constitution, governance, separation of powers.
• Prelims: Questions on the definition and scope of Article 142, historical cases.
• Mains: Analytical themes on judicial overreach, balance of powers, and constitutional provisions.
• Essay Paper: Topics on judicial activism vs. restraint, constitutional interpretation.

FAQ Section

• What is Article 142? Article 142 grants the Supreme Court the power to pass any decree necessary for complete justice in any pending matter, though its scope is broadly defined.
• Why is Article 142 important? It allows the Supreme Court to address legal gaps and ensure justice, but its undefined scope raises concerns about potential judicial overreach.
• What are the key features of Article 142? It includes provisions for ensuring attendance, document production, and contempt punishment, and has been historically invoked in significant cases like the Bhopal Gas Tragedy and Ayodhya Title Dispute.