Prelims: Current events of national and international importance | Polity
Why in News?
The Supreme Court invoked Article 142 to quash FIRs/criminal proceedings against Gen Z protesters involved in protests linked to the NEET-UG 2026 question paper leak.
Constitutional Provision
- Article 142 Clause (1) – Authority to Ensure Complete Justice and Nationwide Enforcement
- Power – In any pending cause or matter, the Supreme Court may issue any decree or order deemed necessary to achieve complete justice.
- Enforcement – Any such decree or order is enforceable across the entire territory of India.
- Mode of enforcement – The method of enforcement is determined by Parliament; until such legislation is enacted, it is prescribed by the President.
- Article 142 Clause (2) - Procedural and Contempt Powers Applicable Nationwide.
- Subject to any law enacted by Parliament on the matter, the Supreme Court possesses, for the entirety of India, the authority to issue orders for the following purposes:
- Securing the attendance of any individual;
- Facilitating the discovery or production of documents;
- Conducting investigations into, or imposing punishment for, contempt of the Supreme Court.
- Limitations –
- Constitutional Limitation – Orders issued under Article 142 cannot supersede the Constitution or infringe upon fundamental rights.
- Supplementary Function – It may address legal lacunae but cannot substitute or amend statutory provisions.
- Principles of Natural Justice – Directions must uphold the rights of non-parties and adhere to fair-hearing standards.
- Public Policy Alignment – It must be consistent with fundamental public policy considerations.
- Exceptional Application – It should be invoked only in extraordinary circumstances and not as a matter of routine.
Reference
Indian Express| SC Scraps All FIRs Against NEET Protesters
