Daily News Analysis ‘The Supreme Court’s Power to Do "Complete Justice" ’ : 27 May

Why in News:

• The Supreme Court has used its extraordinary powers to make the “Right to Safe Travel on National Highways” a Fundamental Right under Article 21 (Right to Life), ruling that providing well-maintained roads is a mandatory duty of the government.

Understanding the Judiciary’s Power of “Complete Justice”:

• What is Article 142? Article 142 is a special power granted by the Constitution exclusively to the :contentReference[oaicite:0]{index=0}. It empowers the Court to pass any decree or order necessary to ensure “complete justice” in a case, particularly where existing laws are silent, absent, or inadequate.
• The Supreme Court vs. High Courts: This authority is unique to the Supreme Court. While High Courts exercise broad writ jurisdiction under Article 226, the Supreme Court has clarified that those powers are limited in scope and are not equivalent to the absolute and residual authority available under Article 142.
• Natural Justice Over Written Law: The Constitution prioritizes principles of natural justice—fairness, equity, and reasonableness—over rigid technical interpretation. Where strict application of an ordinary law produces an unjust result, the Supreme Court may override that law to prevent grave injustice.
• A “Safety Valve” for New Realities: As social and technological developments often outpace legislation, Article 142 functions as a constitutional safety valve. It allows the Court to respond immediately to emerging challenges—such as technological change, complex social relationships, or public safety crises—without waiting for Parliament to enact new laws.
• Activism vs. Overreach: When exercised to protect rights and advance social welfare, the use of Article 142 is described as Judicial Activism. Critics, however, sometimes term it Judicial Overreach, arguing that the Court may encroach upon the domains of the Executive or the Legislature.
• Self-Imposed Boundaries: Acknowledging the vast and unconfined nature of this power, the Supreme Court has laid down self-imposed restraints, emphasizing that Article 142 must be invoked with extreme caution and never in a manner that undermines the basic legal framework of the country.