Question 1 · 10 marks · 179 words written
Opening
As 142 of Indian Constitution gives supreme court 'plenary powers' to do Complete justice & fill the voids wherever the Statutes lack.
The extraordinary powers under As 142
Body · points
(1) Complete justice : supreme court gave Ramjanmabhoomi - Babri judgement, to resolve decdes old conflict.
(2) Secured fundamental rights : recently gave 24 week long pregnancy termination (beyond MTP Act 2021).
(3) Ensured free & fair election : 2023, chandigarh mayor election judgement - void by the court.
However, A142 must be used with care
(1) It is not defined what is Complete justice so chance of judicial encroachment.
(2) Recent Tamil nadu governor judgement & criticism by government members
(2) It may in conflict with separation of powers
(3) It will open floodgates of petition under PIL OR A136 (special leave) -> judiciary already under huge pendency (-> supreme court)
(4) Judiciary led legislation or directives may be lack of expertise & mandate of public
Close · a summary
Therefore, A142 helps court to 'do complete justice' it also must be balanced with judiciary led justice (like Bhenwari devi case) with judicial restraint.