INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016
Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI)
The Indian Judiciary and the Constitution of India believe that every citizen of India must get 'complete justice. The Constitution of India under Article 142 grants the power to the Supreme Court for passing any decree to do complete justice. The Constitution of India has given exclusive powers to the Supreme Court to take any decision pertaining to any matter pending before it to provide complete justice. Thus an analysis of the judicial cases over the past 60 years pertaining to Article 142 has been done to identify the trends in invoking Article 142. There is no equivalent power on the part of the High Court or the Tribunal. But Supreme Court cannot use this as a tool an interfere in the domain of law making to achieve their end. Although it is an extraordinary power which is being given it cannot be used to expressly be in conflict with the law already existing. This research paper is concerned with the ambit and scope of Article 142 of the Constitution of India and the purpose for which the article was enacted by the founding fathers. Article 142 can be split into three parts. The first part is the first half of Article 142 (1) the second part is the latter half of Article 142 (1) and the third part is Article 142 (2). The first part empowers the Supreme Court to do complete justice. The second part guarantees enforcement of Supreme Court decrees and orders. The third part deals with three different powers of the Supreme Court, namely, securing the attendance of persons before it, discovery or production of documents and the investigation and punishment of contempt of itself.
Keywords:
Extraordinary Power, Complete Justice, Indian Judiciary, Statutory Provisions, Appropriate Situations etc.
Cite Article:
"Scope and Ambit of the Power under Article 142 of the Supreme Court of India: A Review", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.7, Issue 9, page no.955-960, September-2022, Available :http://www.ijnrd.org/papers/IJNRD2209112.pdf
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ISSN:
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
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