Enforcement of Decrees and Power of Complete Justice

Article 142 confers extraordinary, equitable constitutional authority on the Supreme Court of India. It is designed to ensure that technicalities of statutory law never obstruct the delivery of substantive justice.

Clause (1) provides that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing 'complete justice' in any cause or matter pending before it.

Any decree so passed or order so made is enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament, and until so prescribed, as the President may by order prescribe.

Scope of Complete Justice: The Supreme Court has invoked Article 142 to fill legislative vacuums (e.g. Vishaka guidelines on sexual harassment at workplace), grant divorces on grounds of irretrievable breakdown of marriage, manage environmental protection in Taj Trapezium and Delhi air quality, and provide restitution in historic civil disputes (e.g. Ayodhya title suit, Union Carbide Bhopal gas relief).

Constitutional Limits: In Supreme Court Bar Association v. Union of India (1998), the Court clarified that Article 142 is a corrective, supplemental power that cannot be used to completely supplant substantive statutory provisions or override express constitutional prohibitions.

Clause (2) grants the Supreme Court full power to secure the attendance of any person, the discovery or production of documents, and the investigation or punishment of any contempt of itself.