Question 1 · 10 marks · 190 words written
Opening · a constitutional or legal provision
The Indian Constitution, under Article 142 provides the supreme court with the powers to ensure "complete justice".
Body · points
Importance of the principle of complete justice:
It aims at delivering "substantive justice" as outlined in the Preamble (justice: social, economic and political).
It provides the responsibility to the state to ensure social-economic empowerment. Ex: DPSPs envisaging the idea of "welfare state".
It ensures the protection of the fundamental rights of the citizens for their development. Ex. Golden triangle of article 14, 19, 21.
It envisages not only vertical protection (against state) but also horizontal protection (against other individuals). Ex. Right to Privacy (article 21)
Judicial rulings contributed to its realization:
Golaknath Vs state of Punjab 1967, where the Supreme court held Fundamental rights as "sacrosanct".
In Kesavananda Bharati (1973) case it ensured the idea of "Basic Structure" to limit State's powers.
In Shah Bano case (1985), NALSA case (2014) and Sabrimala (2018) it ensured "gender justice".
It upheld right to privacy in K.S. Puttaswamy (2017) case for doing complete justice.
Close · a summary
Thus, it aims at the idea of justice for welfare of all(Sarvodaya).