The Supreme Court on Tuesday dismissed a public interest litigation (PIL) that sought to extend the power conferred on the apex court under Article 142 of the Constitution — to pass any order necessary to do complete justice — to the High Courts as well. A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan rejected the plea, stating that the prayer was “completely misconceived” and constitutionally untenable.
The petitioner, appearing in person, urged the Court to either interpret Article 226 — the constitutional provision that grants writ powers to High Courts — as being akin to Article 142, or to consider appointing an amicus curiae to examine the issue further. The bench, however, firmly declined.
“How can we grant such prayer? It requires an amendment to the Constitution,” remarked Justice Oka during the hearing. In response to the petitioner’s submission that a Constitution Bench could examine the issue, Justice Oka clarified, “It [the Court] can’t amend the Constitution. You go to the Parliament.”
Reiterating the distinction between the powers under Article 142 and Article 226, the bench observed, “Article 226 is not akin to Article 142,” and added that the reliefs under Article 142 are exceptional powers vested exclusively with the Supreme Court to ensure complete justice in specific cases.
Refusing to entertain any further reliefs or procedural steps such as the appointment of an amicus curiae, the Court concluded that there was “absolutely no merit” in the plea.
Key excerpts from the order:
• “The prayer made in this petition is completely misconceived. Power conferred under Article 142 of the Constitution is only on this Court and not the High Courts.”
• “Therefore, we cannot allow the High Court to exercise the power of this Court under Article 142 while deciding the petition filed by the petitioner under Article 226 of the Constitution of India.”
• “There is no question of appointing an amicus curiae or referring the case to the Constitution Bench. The writ petition filed by the petitioner is pending before the Bombay High Court. Accordingly, the writ petition is dismissed.”
