Indian Polity • JudiciaryHard

Evaluate the plenary powers of the Supreme Court under Article 142 of the Indian Constitution: 1. The Supreme Court in the exercise of its jurisdiction may pass any decree or make any order necessary for doing complete justice in any cause or matter pending before it. 2. Any decree or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by law made by Parliament or, in default, in such manner as the President may prescribe. 3. These plenary powers can be utilized by the Supreme Court to bypass existing statutory enactments or constitutional provisions at its discretion. Which of the statements given above are correct?

A. 1 and 2 only✓ Correct Answer

B. 2 and 3 only

C. 1 and 3 only

D. 1, 2 and 3

💡 Solution & Explanation

Statements 1 and 2 are correct because Article 142 empowers the apex court to pass orders necessary for complete justice, enforceable nationwide. Statement 3 is incorrect because the Supreme Court clarified in subsequent rulings that its powers under Article 142 are meant to supplement existing laws to do complete justice, not to supplant or bypass valid statutory laws or constitutional provisions. It represents a unique instrument of judicial activism.

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