What is the Article 142 of the Supreme Court?
Asked by: Frances Witting | Last update: July 3, 2026Score: 5/5 (55 votes)
Article 142 of the Indian Constitution grants the Supreme Court unique, broad powers to pass any decree or order necessary to provide "complete justice" in any pending cause or matter. It enables the Court to provide equitable justice beyond strict procedural laws, with orders enforceable nationwide.
What does Article 142 talk about?
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.
Who can overrule the Supreme Court in the USA?
Reversals of court decisions by amendment refer to the constitutional process through which Congress can propose amendments to the U.S. Constitution in order to overturn Supreme Court rulings.
Can a judge violate your constitutional rights?
In some circumstances, judges may be held liable if their actions were administrative rather than judicial, or if they violated your constitutional rights.
Does Article 142 override other laws?
As a supplementary power, Article 142 cannot substitute or override the legal framework. This seminal decision reaffirmed that the Court's power to do 'complete justice' must operate within constitutional limits.
Article 142 Explained: Supreme Court's New Divorce Judgment 2025 @BookofIndianLaw
Who can declare a president incompetent?
Under Section 4 of the 25th Amendment to the U.S. Constitution, the Vice President and a majority of the Cabinet (or a body designated by Congress) can declare the President unable to perform their duties. This initiates a temporary transfer of power, which Congress can finalize by a two-thirds vote if the President contests it.
Has any president ignored a Supreme Court order?
In two notable nineteenth-century cases—Worcester v. Georgia (1832) and Ex parte Merryman (1861)—presidents took no action to enforce Supreme Court rulings under circumstances where many argued that they were obligated to do so.
What does "oye oye oye" mean in court?
"Oyez, oyez, oyez" (pronounced oh-yay) is a traditional court call meaning "Hear ye!" or "Listen!" Derived from Anglo-Norman French and used three times, it serves as a formal command to command silence and attention at the opening of a court session, particularly in the Supreme Court of the United States.
Can the president be sued for violating the Constitution?
The President is not above the law. But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presump- tive immunity from prosecution for his official acts.
Who can overrule a judge's decision?
Contents. A court decision or precedent is overturned when a judiciary rejects the result of a prior court proceeding. Higher courts may overturn the decisions of lower courts. Supreme courts can also overturn precedents established in previous court decisions.
What are three things the President can't do?
The U.S. President cannot independently make new laws, declare war, or decide how federal money is spent.
Who can invoke the 25th amendment against the President?
Under Section 4 of the 25th Amendment, the Vice President and a majority of the Cabinet can formally declare the President unable to discharge their duties. This action triggers an immediate transfer of power to the Vice President as Acting President.
How can a president get rid of a federal judge?
Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
What is the history behind Article 142?
Summary. Draft Article 118 (Article 142) was debated on 27th May 1949. It stated that any decree or order passed by the Supreme Court to do complete justice was enforceable throughout the territory of India. The Draft Article was accepted without debate and adopted by the Assembly on 27th May 1949.
How does Article 142 relate to human rights?
Scope of Article 142
Authorises the Supreme Court to pass any order necessary to secure complete justice in matters before it. Allows issuance of guidelines or directions in areas lacking clear legislation. Empowers intervention in matters involving public interest, human rights, and constitutional protections.
What is a section 142 notice?
Time Limit to Serve the Notice
Income tax notice section 142(1) may be used to issue a notice with a request for details or documentation to the taxpaying person. This is a notice typically issued after the return is filed.
Can Trump be removed from office?
Four scenarios for the removal of Trump from office had been posited by members of Congress, members of Trump's cabinet, political commentators, or legal scholars: resignation, the invocation of the 14th Amendment, invocation of the 25th Amendment, or impeachment and conviction.
Can a sitting president be put in jail?
A sitting US president cannot practically be put in jail, although it is not explicitly forbidden by the Constitution. While the Supreme Court ruled in 2024 that presidents have no immunity for unofficial acts, the Department of Justice (DOJ) maintains a policy against indicting a sitting president, favoring impeachment instead.
Who can overrule the president?
The U.S. President can be overruled by Congress through veto overrides (two-thirds vote), impeachment, or by the Supreme Court declaring executive actions unconstitutional. Congress controls the budget and confirms appointments, while federal courts review the legality of executive orders.
What should you never say to a judge?
“I'm going to appeal!” This can be interpreted as a threat, which is audaciously unwise, and very unlikely to make the judge change his or her order. Moreover, if the case requires the judge to exercise his or her discretion to determine the credibility of one party versus another, such a ruling is not appealable.
Has any president ignored a Supreme Court ruling?
Yes, U.S. presidents have historically ignored or defied Supreme Court rulings, though direct, open disobedience of a final order is rare. The most prominent examples involve Andrew Jackson and Abraham Lincoln, who took actions that challenged or ignored the judicial branch during significant political or wartime crises.
Who is the greatest judge of all time?
In the United States, John Marshall is universally regarded as the greatest judge in American history. As the longest-serving Chief Justice, he authored Marbury v. Madison (1803), which established the doctrine of judicial review and solidified the Supreme Court as a co-equal branch of government.
What are 5 things the president can't do?
The U.S. Constitution creates a strict system of checks and balances, meaning the president does not have absolute authority. Under this framework, a president cannot make laws, declare war, spend unappropriated money, interpret the Constitution, or make top appointments without Senate confirmation.
Who is the only man to have been both chief justice and President of the US?
William Howard Taft is the only person to have served as both President of the United States and a Supreme Court Justice.
Who was the only impeached Supreme Court justice?
It also states that justices shall hold office only during “good Behavior.” Justice Samuel Chase, a Federalist, was impeached in 1804 and tried in 1805 for his intemperate and partisan behavior on the bench. To this date, he is the only Supreme Court justice Congress ever impeached.