Published on: 22 September 2022 at 15:19 IST
Court- Supreme Court of India
Citation- Laxmidas Morarji v. Behrose Darab Madan (2009) 10 SCC 425
Hon’ble Supreme Court of India has held that the use of powers under Article 142 of the Constitution of India should be based on equitable principles in situations where the provisions of law cannot do complete justice. It is held that power under Article 142 of the Constitution of India is a constitutional power, therefore not restricted by statutory enactments.
The powers of the Supreme Court of India under Article 142 of the Constitution of India has to be used sparingly in cases which cannot be effectively and appropriately tackled by the existing provisions of law or when the existing provisions of law cannot bring about complete justice between the parties.
Para – 25
Article 142 being in the nature of a residuary power based on equitable principles, the Courts have thought it advisable to leave the powers under the article undefined. The power under Article 142 of the Constitution is a constitutional power and hence, not restricted by statutory enactments.
Though the Supreme Court would not pass any order under Article 142 of the Constitution which would amount to supplanting substantive law applicable or ignoring express statutory provisions dealing with the subject, at the same time these constitutional powers cannot in any way, be controlled by any statutory provisions.
However, it is to be made clear that this power cannot be used to supplant the law applicable to the case. This means that acting under Article 142, the Supreme Court cannot pass an order or grant relief which is totally inconsistent or goes against the substantive or statutory enactments pertaining to the case.
The power is to be used sparingly in cases which cannot be effectively and appropriately tackled by the existing provisions of law or when the existing provisions of law cannot bring about complete justice between the parties.
Drafted By Abhijit Mishra