CJP cases scrapped: Supreme Court's much-debated powers under Article 142, Pg11

Key Highlights:

• The Supreme Court recently utilized its special powers under Article 142 of the Constitution to quash First Information Reports (FIRs) against protestors associated with the Cocherian Janta Party (CJP).
• This order was issued following an assurance from the government to the CJP members.
• Article 142 empowers the Supreme Court to pass any decree or order necessary for "doing complete justice" in a matter.
• The provision's origins can be traced back to Section 210 of the Government of India Act, 1935.

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Detailed Insights:

• Article 142 does not explicitly define "complete justice" or specify the conditions for its use, granting the Supreme Court broad discretion.
• In the Draft Constitution, this provision was known as Article 118 and was adopted without significant debate.
• The Supreme Court has invoked Article 142 in several landmark cases, including the settlement of the Bhopal gas tragedy and the resolution of the Ayodhya title dispute.
• It has also been used to order the release of convicts, such as A G Perarivalan in the Rajiv Gandhi assassination case.
• The Court, in Prem Chand Garg versus State of Uttar Pradesh (1962), held that orders under Article 142 must align with fundamental rights and existing law.
• In Supreme Court Bar Association versus Union of India (1998), it clarified that Article 142 can supplement, but not supplant, statutory schemes.
• The recent CJP order has drawn criticism for quashing numerous FIRs collectively, potentially circumventing the individual scrutiny required under the Bharatiya Nagrik Suraksha Sanhita.
• Vice-President Jagdeep Dhankhar and former Attorney General K K Venugopal have previously criticized the expansive use of Article 142, with Venugopal describing it as a "Kāmadhenu" and suggesting its use be restricted to Constitution benches.

Key Concepts Involved:

• Article 142 of the Indian Constitution: Grants the Supreme Court extraordinary power to pass orders necessary for "complete justice" in any case before it.
• First Information Report (FIR): A document prepared by the police when they receive information about the commission of a cognizable offense.
• Bharatiya Nagrik Suraksha Sanhita: A new criminal procedure code enacted in India, replacing the Code of Criminal Procedure, 1973.