ARTICLE . 142 (1) of the Constitution is an enabling provision which empowers the apex court to do complete justice

In my opinion Ar. 142 (1) of the Constitution is an enabling provision which empowers the apex court to do complete justice in cases where the law is silent or in cases which have peculiar facts and circumstances. The Hon’ble Supreme Court has exhibited maturity and faith in the rule of law by imposing on itself restraints, so as to prevent the abuse the inherent powers. It has always been the earnest endeavour of our highest court that every nerve shall be strained in the court of law to meet the ends of justice. The application of law with a pedantic rigour, in my view, is otiose in nature if the litigants are unable to get justice after fighting a legal battle in the courts of law. It is the protective and healing power of the court which goes a long way in achieving the ends of justice. The correct position vis-à-vis Ar. 142 is that the court should ordinarily follow the procedure prescribed in the statutory enactments, balancing it with a humane and equitable approach. But in circumstances where the law is found to be inadequate or the court is of the opinion that there is a prospect of palpable injustice being done to the parties, it should exercise its inherent powers to do complete justice. The absence of any Constitutional Assembly Debate on Ar. 142 (Ar. 112 of the Draft Constitution) further suggests that the founding fathers wanted the powers under this article to remain undefined in nature, so as to enable the court to develop its own jurisprudence. It is submitted that Ar. 142 is a repository of unlimited powers, to do complete justice.

Read more at Law Teacher: https://www.lawteacher.net/free-law-essays/administrative-law/supreme-courts-power-to-do-complete-justice-administrative-law-essay.php#ixzz3wliAxz7v