In a decisive ruling, the Supreme Court of India has dismissed a plea seeking to extend the powers granted under Article 142 of the Constitution, which are currently exclusive to the apex court, to the high courts. The plea, filed by the NGO Abhinav Bharat Congress, was unequivocally rejected by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan on Tuesday.
Article 142 is a unique provision that enables the Supreme Court to pass any decree or make any order necessary to do complete justice in any case or matter pending before it. This power is integral to the Supreme Court’s ability to ensure justice in complex legal scenarios that may be constrained by ordinary laws.
Addressing the plea, the Justices remarked, “How can we grant such a prayer? It requires an amendment to the Constitution. You go to Parliament.” They further clarified that the power conferred by Article 142 is solely vested in the Supreme Court and not in the high courts, describing the NGO’s petition as “completely misconceived.”
