Power glut in the Supreme Court

Excessive use of a little-known provision is upsetting Constitutional balance

M J Antony 

M J Antony If the founding fathers could revisit the Constitution, one of the many surprises in store for them would be the development of an article which they adopted without a debate. It has grown so powerful that the court has interfered with economy as in the recent order on liquor shops on highways and passed social legislation like the Vishaka judgment protecting women at workplace. This Article 142 of the Constitution empowers the Supreme Court to pass any order to do “complete justice”. The provision was hardly used in the first four decades, except to correct procedural ...

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Power glut in the Supreme Court

Excessive use of a little-known provision is upsetting Constitutional balance

Excessive use of a little-known provision is upsetting Constitutional balance If the founding fathers could revisit the Constitution, one of the many surprises in store for them would be the development of an article which they adopted without a debate. It has grown so powerful that the court has interfered with economy as in the recent order on liquor shops on highways and passed social legislation like the Vishaka judgment protecting women at workplace. This Article 142 of the Constitution empowers the Supreme Court to pass any order to do “complete justice”. The provision was hardly used in the first four decades, except to correct procedural ... image
Business Standard
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