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.
Please Drop Your Comments