What is article number 142?
Asked by: Nelda Block | Last update: March 19, 2026Score: 4.5/5 (59 votes)
Article 142 refers to different legal provisions, most notably India's Constitution, granting the Supreme Court power to ensure "complete justice" by issuing necessary orders, often to fill gaps in the law, as seen in cases like the Bhopal Gas Tragedy. It also appears in international law (Geneva Convention for relief societies) and U.S. state law (New York's Workmen's Compensation Board powers).
What is the 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.
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.
What is the petition under Article 142?
Article 142 of the Constitution enables the SC to issue or pass any order that it feels is necessary to provide “complete justice” in a case before it. Section 13B of the Hindu Marriage Act, (1955) (HMA) lays down the procedure for divorce if both partners consent to it.
What is the Article 142 of the Supreme Court?
The marginal note to Article 142 reads: "Enforcement of decrees and orders as to discovery, etc." Clausel provides that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such orders as is necessary for doing complete justice in any cause or matter before it and any such decree or order ...
Polity trick : Article 135 - 146 Supreme Court Learn with AI
What is the Section 142 Act?
-- For the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.]
Which type of evidence is not admissible?
Hearsay evidence
Hearsay evidence is information provided outside of a court setting to someone involved in the trial. In most cases, judges don't allow hearsay evidence because the attorney for an opposing law team doesn't have an opportunity to cross-examine the person who provided the information.
What is the biggest mistake during a divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
Who loses most in a divorce?
In divorce, women often suffer more significant financial hardship and loss of living standards, while men are more prone to severe emotional distress, depression, and health issues like substance abuse, though both genders face substantial challenges, and children's lives are deeply disrupted by family changes. The most vulnerable in any divorce are often the children, whose routines, finances, and emotional stability are all profoundly affected by their parents' separation, regardless of who files for divorce.
Who can petition the Supreme Court?
Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari.
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), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Who can reverse the judgement of the Supreme Court?
A Supreme Court decision can be overturned by the Supreme Court itself in a later case (stare decisis), through a constitutional amendment passed by Congress and states, or if Congress passes new legislation to clarify or change the law the Court interpreted (for statutory, not constitutional, rulings). While the Court is the ultimate interpreter of the Constitution, these mechanisms allow for changes in interpretation or law over time.
Who has the power to nullify a law?
Nullification and the Supreme Court. Definition: The theory that the states are the final arbiters of the limits of national authority and that each may veto the enforcement of federal laws it determines to be unconstitutional, at least within its own boundaries.
What is Section 142 of the Criminal Justice Act?
1.9 Section 142 of the Criminal Justice Act 2003 sets out the purposes of sentencing for offenders who are over 18 on the date of conviction. That Act was amended in 2008 to add section 142A which sets out the purposes of sentencing for offenders under 18, subject to a commencement order being Page 2 made.
How does Article 142 affect citizens' rights?
Article 142 of the Constitution empowers the Supreme Court to pass any order necessary to ensure “complete justice” in matters before it. This extraordinary jurisdiction reflects the framers' recognition that substantive justice may, in rare cases, demand judicial creativity beyond rigid statutory confines.
What is the IPC 142?
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.
What assets are untouchable in divorce?
Assets generally not split in a divorce are separate property, including assets owned before marriage, inheritances, personal gifts, and certain personal injury settlements, provided they are kept separate from marital funds (not commingled). However, these can become divisible if mixed with marital assets (like putting inheritance into a joint account) or if marital funds are used to improve them, requiring careful documentation to maintain their protected status.
Who regrets divorce the most?
While surveys vary, some suggest men regret divorce more, but regret is common for both genders, often tied to who initiated it, financial strain (especially for women), or failing to try harder in the marriage; the person who ended the marriage often experiences regret, regardless of gender, feeling they should have done more to save it. Key factors influencing regret include financial impact (often harder on women), the specific reasons for divorce (e.g., infidelity vs. incompatibility), and the level of personal adaptation post-divorce.
What are the 3 C's of divorce?
The "3 Cs of Divorce" generally refer to Communication, Cooperation, and Compromise, principles that help divorcing couples, especially those with children, navigate the process more smoothly by focusing on respectful dialogue, working together for shared goals (like children's welfare), and making concessions for equitable outcomes, reducing conflict and costs. Some variations substitute Custody or Civility for one of the Cs, emphasizing child-focused decisions or maintaining politeness.
What is the 10 10 10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
What should you not do during a divorce?
What NOT To Do During a Divorce (both legally and personally)
- Legal Mistakes to Avoid. Ignoring Legal Advice. ...
- Financial Pitfalls. Overlooking Financial Planning. ...
- Emotional and Personal Missteps. Using Children as Pawns. ...
- Communication Errors. Failing to Document Communication. ...
- Ignoring Self-Care. Neglecting Mental Health.
What are the four behaviors that cause 90% of all divorces?
The four behaviors that predict divorce with over 90% accuracy, known as the "Four Horsemen of the Apocalypse," are Criticism, Contempt, Defensiveness, and Stonewalling, identified by relationship expert Dr. John Gottman; these destructive communication patterns erode respect and connection, leading to marital breakdown.
Can screenshots of messages be used as evidence?
Yes, screenshots of messages can be used as evidence, but they are often considered weak or unreliable on their own because they can be easily edited, cropped, or taken out of context, making them difficult to authenticate; courts prefer original messages with complete metadata (dates, times, sender info) and often require extra proof, like testimony or forensic analysis, to confirm they are genuine.
What evidence cannot be used in court?
Evidence not admissible in court typically includes illegally obtained evidence (violating the Fourth Amendment), hearsay (out-of-court statements used for their truth), irrelevant or speculative information, privileged communications (like psychotherapist-patient), and confessions obtained through coercion, with rules varying slightly by jurisdiction but generally focusing on reliability, legality, and relevance.
What is the 144 Evidence Act?
Section 144 – Evidence as to matters in writing
A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.