Article 142 and Complete Justice

Recently, the Supreme Court issued a notice to the Centre and Tamil Nadu governments on the pleas of Nalini Sriharan serving life sentences in the Rajiv Gandhi assassination case.

• Earlier in May, 2022, the top Court invoked the extraordinary power conferred on the court under Article 142 of the Constitution in A G Perarivalan’s Case, another convict in the assassination case.
• It held that it was not a fit case to be remanded to the Governor for his consideration under Article 161 of the Constitution.

About Article 142: It provides discretionary power to the Supreme Court as it states 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.

• Article 142, which started out as draft article 118, was adopted by the Constituent Assembly on May 27, 1949.
• Essentially, this provision of the Constitution gives the country’s top court wide powers to do “complete justice” in a case.