Article 142(1) of Constitution crucial, its exercise must be legitimate: SC
The Supreme Court said on Monday
Article 142(1) of the Constitution, which gives wide and capacious power to the apex court to do complete justice should be exercised in a legitimate manner and with caution, as its verdict ends the litigation between parties.
Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it. As per Article 142(1), a decree passed or an order made by the apex court is executable throughout the territory of India.
A five-judge Constitution bench headed by Justice S K Kaul said the exercise of power and discretion under Article 142(1) is valid and as per the Constitution, as long as complete justice' required by the cause or matter' is achieved without violating fundamental principles of general or specific public policy.
Given the expansive amplitude of power under Article 142(1) of the Constitution of India, the exercise of power must be legitimate, and clamour
