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2020 ] DOING COMPLETE JUSTICE IN ANY CAUSE OR MATTER UNDER ARTICLE 142 A127

DOING COMPLETE JUSTICE IN ANY CAUSE
OR MATTER UNDER ARTICLE 142
By

Manoj Kumar Jha
VIGILANCE OFFICER

After having discussed the appellate, review and
curative jurisdictions of Hon’ble Supreme Court and the
Declaration of Law, in these columns, now its jurisdiction
under Article 142 of the Constitution of India is being
discussed. In this regard, prior to making progress with
the present discussion, it will be useful to note the relevant constitutional provi-
sion.
Constitution of India
142. Enforcement of decrees and orders of Supreme Court and orders 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
order 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 at-
tendance of any person, the discovery or production of any documents, or the
investigation or punishment of any contempt of itself.
Wide Ambit/Extent of Jurisdiction under Article 142 : Interpretation of the
expression “In Any Cause or Matters Pending Before It”
On plain reading of the above provision, it may be noted that jurisdiction
under Article 142 is very wide because of the use of the expression “may pass
such decree or make such order as is necessary for doing complete justice in any
cause or matter pending before it”. In this regard, it is noteworthy that expres-
sion “cause or matter pending before it” has been preceded by the expression “in
any”. In this context, it will be prudent to discuss the interpretation of the ex-
pression “cause or matters pending before it” used in Article 142. Expression
“cause or matter” has been interpreted to include any proceeding pending in
Court and it would cover almost every kind of proceeding in Court including
civil or criminal, in the decision in Delhi Judicial Service Association, Tis Hazari
Court, Delhi v. State of Gujarat and Others case :
“50. Article 142(1) of the Constitution provides that Supreme Court in exer-
cise of its jurisdiction may pass such decree or make such order as is neces-
sary for doing complete justice in any ‘cause’ or ‘matter’ pending before it.
The expression “cause” or “matter” would include any proceeding pending
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 The views expressed in this article are the personal views of the author.
EXCISE LAW TIMES  15th May 2020  35