File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Article 142- A Complete Justice

The Honble Supreme Court while invoking Article 142 of the Constitution of India observe that to do complete justice,it can override even the Laws made by the parliament or where the Law of statutes or parliament or where the Law of statutes is silent or to fill the lacuna of the Court

Ref Union Carbide ( Bhopal gas tragedy)
The pharas is necessary for doing complete justice is of wide amplitude and encompasses a power of equity which is employed when the strict application of law is adequate to produce a just outcome. The demand of justice requires application of positive law to find out within its ambit a solution that is equitable and just.

To do complete justice,the Court while take note of the express prohibition in any substantive statutory provision based on some Fundamentals principles of public policy and regulate the exercise of the power and discretion accordingly and in the exercise of that power no question of lack of jurisdiction or of nullity can arise.

Quotation - Is not a knight errant roaming at will in pursuit of his own idea.

Justice Benjamin Cordozo
The Supreme Court has Power to issue directions under Article 142, where none exists , and such directions shall be binding till such time as new rules are enacted by the Legislature on the subject.

Thus it has been held that ample powers are conferred on the Court U/A 32/ 141/142/& 144 to issue necessary directions to fill the vacuum till either Legislature steps in to cover the gap or Executive discharge its role.
  • Vineet Narain vs Union of India (1998) 1 SCC ,226,para 51
  • Vishaka case
  • V.C Mishra case.
  • Supreme Court Bar Association case.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly