The Judiciarys Role in Achieving Comprehensive Justice

The Supreme Court of India, in accordance with Article 142 of the Constitution, has the authority to issue orders aimed at ensuring complete justice in situations where existing laws do not specify an adequate remedy. This provision is often described as a “constitutional safety valve,” allowing the Court to address gaps in legal frameworks and provide justice where it may otherwise be unattainable.

However, this power has drawn criticism from certain quarters. Detractors express concerns that the broad scope of Article 142 may facilitate judicial overreach, encroaching upon the responsibilities and functions traditionally assigned to the Executive and the Legislature. Critics argue that such actions could disrupt the balance of power among the branches of government and raise questions about the separation of powers, a fundamental principle of the democratic framework in India.

Article 142, enacted in 1950 with the establishment of the Supreme Court, has been invoked in various landmark judgments that have shaped legal precedents in the country. Notably, it has been used to address issues such as environmental protection, human rights, and social justice, underscoring its significance in the Indian legal landscape. As the debate surrounding its application continues, the Supreme Court remains a crucial arbiter in upholding the rule of law and ensuring justice for citizens.