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in Court and it would cover almost every kind of proceeding in Court includ-
ing civil or criminal….”
[Delhi Judicial Service Association, Tis Hazari Court, Delhi v. State of Gujarat
and Others - AIR 1991 SC 2176]
The expression “matters pending before it” in Article 142 was interpret-
ed to include matters in which orders of the Supreme Court were yet to be im-
plemented, in the decision in Supreme Court Bar Association and Ors. v. B.D.
Kaushik case and it was also observed that this residual source of powers are in-
herent and also exist independent of statutory provisions :
“49….. In order to enforce its orders and directions, the Supreme Court can
take recourse to the powers vested in it under Article 142 of the Constitution
to do complete justice to the parties. In such cases, the lis does not cease and
the expression “matter pending before it” mentioned in Article 142 of the
Constitution, would include matters in which orders of the Supreme Court
were yet to be implemented, when particularly such orders were necessary
for doing complete justice to the parties to the proceedings. To take any other
view would result in rendering the orders of the Supreme Court meaningless.
In this regard, reference may be made to the Constitution Bench decision of
this Court in Supreme Court Bar Association v. Union of India and Anr. [(1998) 4
SCC 409] : (AIR 1998 SC 1895 : 1998 AIR SCW 1706), referred to hereinbefore,
wherein the question before the Bench was the power of the Supreme Court
to punish for contempt of itself under Article 129 read with Article 142 of the
Constitution. While considering the same and holding that the power vested
in the Supreme Court under Article 142 should not be used to supplant sub-
stantive law applicable to a case, being curative in nature, their Lordships
also observed that the plenary powers of this Court under Article 142 of the
Constitution are inherent in the Court and are complementary to those pow-
ers which are specifically conferred on the Court by various statutes, though
are not limited by those statutes. This Court held that these powers also exist
independent of the statutes with a view to doing complete justice between the
parties. This power exists as a separate and independent basis of jurisdiction,
apart from the statutes, and stands upon the foundation for preventing injus-
tice in the process of litigation and to do complete justice between the parties.
This Court further observed that this plenary jurisdiction is thus the residual
source of power which this Court may draw upon as necessary, whenever it
is just and equitable to do so and, in particular, to ensure the observance of
the due process of law, to do complete justice between the parties, while ad-
ministering justice according to law. In the event the parties do not or refuse
to abide by its decision, the Supreme Court would have no option, but to take
recourse to the provisions of Article 129 of the Constitution or under the pro-
visions of the Contempt of Courts Act, 1971.”
[Supreme Court Bar Association and Ors. v. B.D. Kaushik - AIR 2012 SC
(Supp) 655]
After having discussed wide ambit of the jurisdiction under Article 142,
now, discussion need be made with the judicial pronouncements pertaining to
the nature of the jurisdiction under Article 142.
Nature of Jurisdiction under Article 142 :
In this regard, it was observed in Delhi Judicial Service Association, Tis
Hazari Court, Delhi v. State of Gujarat and Others case that the inherent power of
this Court under Article 142 is entirely of different level and of a different quali-
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