SC uses rare power to help man fighting for postal job for 28 years

SC uses rare power to help man fighting for postal job for 28 years

Subject: Polity

Section: Constitution

Context:

The Supreme Court has used its extraordinary constitutional power to do complete justice for a 50 year old man who fought for nearly three decades against the postal department’s refusal to give him a job despite his name figuring high on the merit list.

Article 142 of the Constitution

Article 142 provides a unique power to the Supreme Court, to do “complete justice” between the parties, where, at times, the law or statute may not provide a remedy.

In those situations, the Court can extend itself to put an end to a dispute in a manner that would fit the facts of the case.

Earlier Instances

• SC has defined its scope and extent through its judgments over time.
• Prem Chand Garg case (1962):  SC held that an order to do complete justice between the parties “must not only be consistent with the fundamental rights guaranteed by the Constitution, but it cannot even be inconsistent with the substantive provisions of the relevant statutory laws,” referring to laws made by Parliament.
• Union Carbide Corporation vs Union of India Case (1991):  The SC in 1991 ordered UCC to pay $470 million in compensation for the victims of the tragedy, placing itself in a position above the Parliamentary laws.
• Siddiq v. Mahant Suresh Das: Popularly known as the Ayodhya dispute, the Supreme Court had exercised the powers mentioned under Article 142 of the Constitution.

Significance of Article 142

• Prevents Injustice: It provides a special and extraordinary power to the Supreme Court to do complete justice to the litigants who have suffered traversed illegality or injustice in the proceedings.
• Uphold citizen’s rights: Article 142 has been invoked for the purpose of protecting rights of the different sections of the population.
• Check on Government: Works as a system of checks and balances with the Government or Legislature.

Criticism of Article 142

• The sweeping nature of these powers has invited the criticism that they are arbitrary and ambiguous.
• Ambiguity: The Supreme Court tried to explain the phrase ‘complete justice’ but it is still blurred. The judgments passed by the Apex Court have created a lot of confusion and there is no clarity on invoking Article 142.
• Against Separation of powers: The power has been criticized on grounds of the separation of powers doctrine, which says that the judiciary should not venture into areas of lawmaking and that it would invite the possibility of judicial overreach.
• Promotes Judicial Overreach: In some judgments, it is mentioned that it could be used when the law of statutes is silent. However, by analyzing judgments on the use of Article 142 it seems like it is used to fill the lacuna of the law.
• Negative impact on the economy: The judgment on the ban on the sale of liquor near national and state highways has affected many hotels, bars, restaurants and liquor shops which resulted in the unemployment of lakhs of people.

Way Ahead & Conclusion

• The Apex Court could make a strict guideline that justifies the use of Article 142 and promotes judicial restraint.
• The SC can, in every such case, ensure that it would be a “complete justice” for the society without affecting the rights of citizens.
• The Drafting Committee of the Indian Constitution was mindful of the wide-reaching nature of the powers and reserved it only for exceptional situations.