The judiciary’s role in complete justice

Why in the News?

The debate around Article 142 has gained attention after the Supreme Court recognised safe travel on National Highways as part of Article 21 (Right to Life) in In Re: Phalodi Accident vs NHAI (2025). Acting suo motu, the Court flagged a serious concern, over 30% of road deaths occur on National Highways, despite their limited share in total road length. The judgment signals a stronger judicial role where existing laws fail to ensure justice.

What is Article 142 of the Constitution of India?

1. It states that the Supreme Court may pass any decree or order necessary for doing complete justice.
2. Article 142 is extraordinary, not unlimited. The Court has repeatedly said it cannot violate substantive law or the Constitution and must respect separation of powers.
3. Examples of Use:
   1. Bhopal Gas Tragedy (1991): SC used Article 142 for settlement-related directions.
   2. Ayodhya Verdict (2019): Court used Article 142 to allot alternative land for mosque construction.
   3. Divorce Cases: SC has dissolved marriages irretrievably even when statutory conditions were not fully met.
   4. Phalodi Accident Case (2025): Used to strengthen road safety and recognise safe highways under Article 21.

Why has Article 142 become central to the idea of “complete justice”?

1. Constitutional Empowerment: Article 142 authorises the Supreme Court to pass orders necessary for ensuring complete justice where statutory mechanisms are inadequate.
2. Residual Jurisdiction: Functions as a constitutional reserve power in situations where ordinary legal procedures fail to address exceptional injustice.
3. Justice Beyond Technicalities: Enables equitable relief even where procedural or technical legal barriers exist.
4. Constitutional Safety Valve: Fills institutional gaps when existing laws are silent, rigid, or incapable of immediate grievance redressal.
5. Expansion of Rights-Based Jurisprudence: Strengthens substantive justice under Article 21, including newer dimensions such as road safety and dignified living.
6. Illustration: Highway Safety Judgment (2025): In In Re: Phalodi Accident vs NHAI (2025), the Court recognised safe and motorable roads as part of Right to Life, while responding to alarming road fatalities.

How did the Supreme Court justify judicial intervention in the highway safety case?

1. Suo Motu Cognisance: The Court initiated proceedings after two road accidents in November 2025 led to 34 deaths.
2. Right to Life Expansion: Interpreted Article 21 to include safe travel and well-maintained highways.
3. Governance Failure: Judicial intervention emerged against the backdrop of persistent road safety failures.
4. Striking Data: National Highways accounted for over 30% of road fatalities in India, despite comprising a limited share of total roads.
5. Policy Context: Government targets 50% reduction in road accident fatalities by 2030 through the 4E Strategy:
   1. Engineering: Improves road infrastructure and black-spot correction.
   2. Education: Strengthens road safety awareness.
   3. Enforcement: Ensures traffic regulation compliance.
   4. Emergency Medical Services: Supports rapid trauma response.
6. Mixed Outcomes: Despite a reported 11% decline in fatalities in 2024, accident deaths remain substantially high.

What is the constitutional meaning of “complete justice”?

1. Substantive Justice: Ensures outcomes aligned with fairness rather than rigid procedural compliance.
2. Natural Justice: Requires adherence to principles of fair hearing, reasonableness, and equity.
3. Constitutional Morality: Enables courts to protect constitutional values in emerging socio-legal contexts.
4. Dynamic Interpretation: Adapts legal remedies to changing social realities where statutes lag behind societal needs.
5. Institutional Trust: Strengthens public confidence by preventing denial of justice due to legal loopholes.
6. Constitutional Intent: Reflects the framers’ objective of preserving justice even in legally exceptional situations.

Can High Courts also exercise powers similar to Article 142?

1. Constitutional Difference: High Courts do not possess powers identical to Article 142.
2. Judicial Clarification: In Anil Kumar Jain v. Maya Jain, the Supreme Court held that Article 226 powers of High Courts are not co-extensive with Article 142 powers.
3. Broader Writ Jurisdiction: High Courts may still deliver equitable relief under Article 226 for enforcement of fundamental and legal rights.
4. Institutional Limitation: High Courts remain constrained by statutory frameworks to a greater extent than the Supreme Court.
5. Functional Similarity: Both institutions pursue justice, but the Supreme Court possesses wider constitutional discretion.

What judicial principles regulate the exercise of Article 142?

1. Extraordinary Nature: Article 142 operates as an exceptional power and not an ordinary judicial mechanism.
2. Judicial Restraint: Courts exercise caution to avoid institutional excess.
3. Faith and Trust Principle: Judicial legitimacy depends upon restrained and principled use of extraordinary authority.
4. Natural Justice Requirement: Fairness remains indispensable in all judicial interventions.
5. Judicial Precedent: In Delhi Judicial Service Association v. State of Gujarat, the Court recognised Article 142 as distinct from ordinary law.
6. Limited Exercise Principle: In Hitesh Bhatnagar v. Deepa Bhatnagar, the Court emphasised cautious application of extraordinary jurisdiction.

Does Article 142 strengthen justice or undermine separation of powers?

1. Judicial Activism: Supports proactive constitutional interpretation where governance gaps persist.
2. Institutional Corrective: Responds to administrative inaction or legislative silence.
3. Separation of Powers Concern: Critics argue frequent reliance on Article 142 risks judicial encroachment into executive and legislative domains.
4. Procedural Bypass Criticism: Courts may bypass established statutory frameworks while granting remedies.
5. Counterargument: Judicial intervention becomes necessary where evolving social issues outpace legislation.
6. Illustration: Social Change: Courts have intervened in matters involving rights, dignity, and emerging social realities where existing laws proved inadequate.

How has judicial precedent shaped the doctrine of complete justice?

1. Equitable Justice Principle: In Canara Bank v. Debasis Das, the Court held that the Constitution seeks substantive justice beyond procedural rigidity.
2. Legal Gap Filling: Article 142 addresses situations where legal systems fail to provide direct remedies.
3. Precedent-Based Expansion: Judicial decisions have progressively broadened the operational meaning of “complete justice”.
4. Balance with Constitutionalism: Courts continue to emphasise limits to avoid institutional imbalance.

Case	Contribution
Delhi Judicial Service Association v. State of Gujarat (1991)	Recognised independent scope of Article 142
Canara Bank v. Debasis Das (2003)	Reinforced substantive justice and natural justice
Anil Kumar Jain v. Maya Jain (2009)	Clarified High Courts cannot exercise Article 142 powers
Hitesh Bhatnagar v. Deepa Bhatnagar (2011)	Emphasised restraint in Article 142 use
In Re: Phalodi Accident v. NHAI (2025)	Linked safe highways with Article 21

What are the criticisms of Article 142?

1. Judicial Overreach: Expands the Court’s role beyond interpretation into policy-making, raising concerns of institutional overreach.
2. Weakens Separation of Powers: Allows the judiciary to enter domains traditionally reserved for the Legislature or Executive.
3. Bypassing Statutory Framework: Enables relief beyond existing laws, sometimes diluting Parliament-made procedures.
4. Ambiguous Scope: The term “complete justice” lacks clear constitutional limits, creating scope for subjective interpretation.
5. Democratic Accountability Concerns: Unelected judges making wide-ranging decisions may raise questions of democratic legitimacy.

Conclusion

Article 142 reflects the Constitution’s commitment to ensuring justice where statutory remedies prove inadequate. However, constitutional legitimacy requires a careful balance between judicial innovation and institutional restraint. The enduring challenge lies in preserving the Supreme Court’s role as the guardian of justice without unsettling the constitutional equilibrium among organs of the State.

PYQ Relevance

[UPSC 2020] Judicial legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities

Linkage: The PYQ directly tests the tension between judicial activism, judicial overreach, and separation of powers, the core debate surrounding Article 142. Article 142 embodies the same dilemma: Should courts intervene to ensure complete justice when governance fails, or does it amount to judicial legislation?