Question 1 · 10 marks · 141 words written
Opening · a constitutional or legal provision
Article 142 of the constitution grants supreme Court the power to ensure [complete Justice]. Its the Extraordinary Power because
Body · points
the right <-- Provisions of Art 142 --> Can suo moto take up the case
Its the Extraordinary Power because
(1) Goes beyond [Rule of Law]
(2) It can also bypass the [Legislative Provisions] -> (eg) POSCO case in West Bengal court.
(3) It gives extraordinary power to the supreme court : [Judicial supremacy]
(4) Undermine constitutional mandate of [checks and Balances] and Separation of power.
It must be exercised with extraordinary care
(1-) To meet principle of complete Justice
(eg) Preamble mandates
(2) Slippery slope (eg) In 2024 SC took maximum suo-moto cases.
(3) SC cases acts as [Precedents] for the law.
(4) [Constitutional morality] and social morality needs to be firmly balanced.
Close · a way forward
Thus, supreme const must exercise its power with great care :- Seen also in AMU case recently. [Justice should not only be done but seen to be done].