The Tamil Nadu Assembly had passed 10 bills, but they were pending assent from the Governor or the President for a long time. The state government, led by the DMK, accused the Governor of delaying the bills deliberately, causing a constitutional deadlock.
In response, the Supreme Court of India stepped in and used its powers under Article 142 to:
- Set deadlines for the Governor and President to act on the bills.
- Bring the 10 pending laws into effect, bypassing the long wait for assent.
This led to a political and legal debate, with critics (including Vice President Jagdeep Dhankhar) warning of judicial overreach and a challenge to the balance of power between the judiciary, legislature, and executive.
what is Article 142?
Enforcement of decrees and orders of supreme Court and orders as to discovery, etc.
in simple words, Article 142 empowers the Supreme Court of India to take any action necessary to deliver complete justice in any case before it.
Key Features of Article 142:
- Extraordinary Powers: Allows the Supreme Court to go beyond existing laws to ensure justice.
- Binding Across India: Orders under Article 142 apply throughout the country.
- Used in Special Cases: It is invoked when no clear legal remedy exists or when laws fall short of ensuring justice
Reason of Controversy:
- Critics argue it blurs the separation of powers between the judiciary, executive, and legislature.
- Seen as giving the Court unchecked power if not applied carefully.
Judiciary vs. President:
- Article 142 allows the Court to short-circuit processes like referring bills to the President.
- Raises question: Can the Supreme Court override the Union’s constitutional authority?
- Creates a “shadow tussle” with the President, undermining their role.
Risk to Federalism:
- India’s democracy relies on a balance between Centre, States, Judiciary, and President.
- Overuse of Article 142 risks judicial dominance by:
- Interpreting laws.
- Enforcing judgments.
- Bypassing executive and legislative authority.
- Transforms the Supreme Court into a “super-parliament.”
Question Arises:
- What happens to the President’s authority when Article 142 indirectly overrides their constitutional role?
- Sparks debate: Is Article 142 ensuring justice or enabling judicial supremacy?
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