Art 142 of the Constitution of India: Is a Nuclear Weapon of the Supreme Court of India?

Abstract

In democracy people decide its own fate and huge cultural changes take place ensuring liberty to the citizens of the country. Separation of powers is a sine qua non for its success and an important parameter for success of democracy Three wings of the government are separate and absolute in their own area of operation. People elect the members of the legislature through adult suffrage and executives are selected from the ruling party having majority legislators. Judiciary remains apart but the judges are selected through collegium process where executives play a role in ultimate selection. Supreme Court being the highest in the judicature plays an important role in a democratic form of government and is invested with various powers under Art 136, Art 141 – Art 143. Art 142 of the Constitution. The Constitution provides a unique power to the Supreme Court which often is used as a tool for social transformation through judicial activism. The power of the Supreme Court in the context of judicial review of legislature and executives become a matter of contention with other organs of the government. The Parliamentarians and the executives often feel distressed at the role of the Supreme Court as an intruder in their empire. In a promising democracy with tendency towards parliamentary dictatorship and executive despotism the Supreme Court works as a check and balances to ensure fair democracy to the people providing social, economic and legal justice to the citizens.