Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc
Quick Summary (TL;DR)
Complete Justice Power of the Supreme Court: Empowers the Supreme Court to pass any decree or order necessary for doing "Complete Justice" in any cause or matter pending before it.
In Simple Citizen Words
Article 142(1) vests the Supreme Court with extraordinary plenary power: where existing statutory law is silent, inadequate, or tied up in technical red tape, the Supreme Court can pass any order necessary to deliver 'Complete Justice' across the territory of India.
Historically, the Supreme Court has used Article 142 to fill legislative vacuums and protect citizens—such as framing the Vishaka Guidelines (1997) against workplace sexual harassment before Parliament passed the POSH Act in 2013, ordering cleanup of the Taj Trapezium and Ganga, granting compensation to Bhopal Gas Tragedy victims, releasing long-incarcerated prisoners, and dissolving irretrievably broken marriages by mutual consent without waiting for the mandatory 6-month cooling-off period (Shilpa Sailesh v. Varun Sreenivasan, 2023).
Historically, the Supreme Court has used Article 142 to fill legislative vacuums and protect citizens—such as framing the Vishaka Guidelines (1997) against workplace sexual harassment before Parliament passed the POSH Act in 2013, ordering cleanup of the Taj Trapezium and Ganga, granting compensation to Bhopal Gas Tragedy victims, releasing long-incarcerated prisoners, and dissolving irretrievably broken marriages by mutual consent without waiting for the mandatory 6-month cooling-off period (Shilpa Sailesh v. Varun Sreenivasan, 2023).
Key Constitutional Provisions
Equitable relief when rigid legal technicalities would otherwise cause grave injustice to an innocent citizen
Judicial guidelines filling legislative gaps to protect human rights (e.g., Witness Protection Scheme, Passive Euthanasia guidelines)
Power to transfer investigations to CBI/SIT or monitor trials across states to ensure fair justice
Exceptions & Reasonable Restrictions
As held by the Constitution Bench in Supreme Court Bar Association v. Union of India (1998), power under Article 142 is curative and supplementary—it cannot be used to override Fundamental Rights or directly contravene express substantive provisions of a valid statute.
Why This Matters in Daily Life
Ensures that justice in India is never defeated by a loophole: the highest court always has the constitutional key to do what is right.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates: