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Posted 19 Apr 2025

2 min read

The Vice President criticized the judiciary for overstepping its constitutional boundaries and attempting to function as a “super Parliament”. 

  • The criticism came in response to the Supreme Court's recent ruling that set a three-month deadline for the President to decide on bills forwarded by state governors and invoked Article 142 to deem the 10 pending bills as having received assent. 
  • He also criticized Article 142 of the Indian Constitution as a "nuclear missile against democratic forces, available to the judiciary 24x7." 

What is Article 142?

  • Article 142 enables the SC to ‘pass any decree or make any order as is necessary for doing complete justice in any cause or matter pending before it’.
  • Originally envisioned as an extraordinary remedy, it was meant to fill gaps where laws were silent or justice would otherwise be denied.
    • Example: Bhanwari Devi and Ors. vs State of Rajasthan (2002), the SC provided ‘Vishaka Guidelines’.

Concerns about Article 142

  • Subjective Interpretation: "Complete justice" under Article 142 lacks a clear definition, allowing broad judicial discretion and potential misuse.
  • Judicial Overreach: It allows the judiciary to step into domains traditionally reserved for the legislature or executive.
  • Against separation of powers: It blurs the line between judicial activism and judicial legislation, raising concerns about violating ‘doctrine of separation of powers.
  • Tags :
  • Article 142
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