How does Article 142 affect citizens' rights?
Asked by: Miss Eleonore Kuvalis DVM | Last update: June 11, 2026Score: 4.9/5 (43 votes)
Article 142 of the Indian Constitution empowers the Supreme Court to pass orders for "complete justice," significantly affecting citizens' rights by allowing the court to fill legislative gaps, enforce constitutional principles, and protect vulnerable groups when other branches fail, such as in setting workplace harassment guidelines (Vishakha case) or defining the right to livelihood (Olga Tellis case). While enhancing rights by ensuring justice, its broad scope can also lead to concerns about judicial overreach if not balanced with legislative processes, though it generally serves as a crucial tool for upholding fundamental rights and social justice.
What is the significance of Article 142?
Article 142 is a unique provision. It grants the Supreme Court the power to pass any order necessary to secure complete justice. Its draft, Article 118, was adopted by the Constituent Assembly without any debate.
How does the Supreme Court affect the rights of citizens?
Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution.
Can article 142 override existing laws?
Article 142 in a legal 'vacuum'
There are several instances of public interest cases where the Court has issued directions under Article 142 to fill a gap in the law. But this does not mean that the Court can sway the field in situations where the statute is categorical in its stipulations.
Can Supreme Court end dead marriage under Article 142?
If your Hindu marriage is completely dead, no child is involved, and reconciliation is impossible — the Supreme Court can dissolve it in a single order under Article 142(1), even if one spouse is opposing. You do not need to prove cruelty, desertion, or any “fault”. You do not need mutual consent.
Article 142: Extraordinary powers of Supreme Court - IN FOCUS | Drishti IAS English
What happens if husband and wife don't live together for 7 years?
Process: – Filing the Petition: The aggrieved spouse can file for divorce if their partner has deserted them for a continuous period of at least two years or seven years or more without hearing from the respondent.
Can the Supreme Court overrule the respect for marriage act?
Marriage Equality Under Law
Only the Supreme Court can reverse it, and there is currently no case before the Court seeking to do so. The Court denied certiorari in a discredited petition that sought to overturn this landmark victory in Nov. 2025.
Does the President have the power to overturn a Supreme Court decision?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself, through a new ruling, or a Constitutional amendment can nullify a decision, though a President can use executive actions, appointments, or influence legislation to challenge or work around rulings over time, with the courts ultimately checking executive power. The President's role is to enforce laws, not interpret them, and they are bound by judicial rulings, even if they disagree.
Can Congress increase the size of the Supreme Court?
2021). While no provision of the Constitution expressly prohibits legislative changes to the size of the Supreme Court, and Congress has changed the size of the Court multiple times in the past, some commentators debated whether the proposals were inconsistent with constitutional norms.
Has the Supreme Court ever held someone in contempt?
They were held in contempt of court and sentenced to imprisonment. It remains the only criminal trial in the history of the Supreme Court. United States v. John F.
Can constitutional rights be taken away?
Our country was founded on the idea that the government cannot take away your rights and liberties arbitrarily and that everyone has a right to defend themselves in court.
Who protects the rights of citizens?
The FBI is the primary federal agency responsible for investigating possible violations of federal civil rights statutes. These laws are designed to protect the civil rights of every person within the United States—citizens and non-citizens alike.
What is the Article 142 petition?
Judgement - The SC can exercise its plenary power to do 'complete justice' under Article 142(1) of the Constitution to dissolve a marriage on the ground that it had broken down irretrievably. It can grant divorce without referring the parties to a family court for divorce by mutual consent petitions.
What are the five powers of the Supreme Court?
- Supreme Court can take decision between Government and citizens.
- Supreme Court can reopens the old cases.
- Supreme is the guardian of constitution. ...
- people can approach to Supreme Court for their rights and laws.
- Supreme Court can give punishment the person who will not follow the Constitution.
What is Section 142 of the IPC?
Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.
Which president increased the size of the Supreme Court?
After winning the 1936 presidential election in a landslide, Franklin D. Roosevelt proposed a bill to expand the membership of the Supreme Court. The law would have added one justice to the Court for each justice over the age of 70, with a maximum of six additional justices.
Do Democrats want to expand the Supreme Court?
Sen. Cruz previously introduced this amendment in 2023 and 2020. Over the past several years, top Democrats have pledged to expand the number of justices on the Supreme Court when they are able to.
Can US Congress overturn the Supreme Court?
Federal courts, including the Supreme Court, have the authority to interpret the law and the Constitution. Once a court has made a ruling, Congress cannot simply reverse that decision. Congress can respond to court decisions by passing new legislation or amending existing laws.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
Can a president get rid of Supreme Court Justices?
No, a President cannot remove a Supreme Court Justice; only Congress can remove a Justice through the impeachment process, requiring a House vote to impeach and a Senate conviction for "Treason, Bribery, or other high Crimes and Misdemeanors," as Justices hold office "during good Behaviour" (lifetime tenure unless removed).
What significant event took place on June 26, 2015?
On June 26, 2015, America underwent a day of momentous change and celebration when The Supreme Court ruled in favor of marriage equality – ruling same-sex couples had the constitutional right to marry.
What is the Supreme Court decision on void marriage?
The Supreme Court held that a spouse whose marriage is declared void under s. 11 is not barred from seeking permanent alimony under s. 25 of the HMA.