What is ‘Complete Justice’ theory

Article-142 as a medium to deliver ‘Complete Justice’

 

The Indian Judiciary and the constitution of India believe that every citizen of India must get “complete justice”. The Constitution of India under Article 142 grants the power to the Supreme Court for passing any decree to do “complete justice”  Further, there is no specific guideline or rule provided by the law which explains when, where and under which circumstances the Apex Court can invoke the said article to do “complete justice”.

Definition of Article 142 in Constitution of India

“142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.-

(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

While going through the abovementioned definition, we understand that our constitution has given a very powerful sword to the Apex Court for complete justice in any case or matter. While going through the judgments that have been passed by the Apex Court under Article 142, we found that the Supreme Court believes that it is necessary to intervene in complex cases related to the environment, history and religion and the current laws were insufficient for the current scenario.

Further, below is an analysis of a few landmark judgments to find out whether the Apex Court achieved the real meaning of Article 142 to do “Complete Justice” or not.

Ayodhya Case:

The Hon’ble Supreme Court has recently invoked this article while passing a unanimous judgment on Ayodhya case wherein the bench handed over the disputed land of 2.77 acres to a trust to be formed by the central government within three months for the construction of a temple, under the Acquisition of Certain Area at Ayodhya Act, 1993. Another 5 acres of land was allotted for the construction of a mosque in Ayodhya.

In the said case the Hon’ble Supreme Court described its power under Article 142 – “The phrase ‘is necessary for doing complete justice’ is of a wide amplitude and encompasses a power of equity which is employed when the strict application of the law is inadequate to produce a just outcome. The demands of justice require a close attention not just to positive law but also to the silences of positive law to find within its interstices, a solution that is equitable and just. The legal enterprise is premised on the application of generally worded laws to the specifics of a case before courts.”

 

 

 

 

 

 

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