Article 142

Why in news?

Recently SC invoked Article 142 of the Constitution of India, prohibiting the sale of liquor.

What is Article 142?

• Article 142 empowers the SC to pass any decree or order necessary for doing “complete justice” in any matter pending before it.
• But the recent order is not the outcome of a legal suit between parties.
• The location of hotels, restaurants or vends, selling liquor is a pure policy decision, best left to governments to take.
• Liquor is within the exclusive domain of state legislatures.

What is the effect of misusing 142?

• The cancellation of all telecom licenses to serve the cause of public interest without individual culpability jeopardised the survival of entities.
• The consequences of cancellation of all allocations of coal mines have adversely impacted the balance-sheets of public sector banks.
• One of the consequences of such omnibus cancellations is defaults on bank loans. The consequent NPAs impact the economy.
• The decision to ban the sale of diesel cars with an engine capacity of 2000 cc jeopardised possible foreign investment.

What should be done?

• Constitutional concept of the separation of powers should not be overlooked.
• It should not become an instrument to deal with every ill that confronts this country. Other proper channels should be used.
• Article 142 of the Constitution should be used judicially.
• Use of Article 142 has economic consequences that tend to destabilise the economy.
• For the court to be completely isolated from this populist environment is not easy. Judges might be swayed by what we read.
• So they have to be exceptionally careful in rendering decisions, which cause unintended consequences.
• Recourse to Article 142 of the Constitution is inappropriate, wherever a statutory remedy is available.

Source: The Indian Express