What is Article 142, why and how the Supreme Court used it in the judgment:
The Supreme Court, in its judgment on Saturday, ordered the trust to be handed over to the trust to build a temple on 2.77 acres of disputed land in Ayodhya. The court also ordered the Muslim side to give 5 acres of land to build the mosque.
The court rejected the claim of the party Nirmohi Akhara in this case, but asked it to be included in the trust to be constructed for the temple. The Court used Article 142 for this. In the Constitution, the Supreme Court has been given special power in the form of Article 142, under which the court can give necessary instructions to give full justice to a person.
After dismissing the claim of the Nirmohi Arena on the disputed land of Ayodhya, the Court used Article 142 as the specific powers. The 5-judge bench said – given its many years of engagement with disputed land and the active role of the Nirmohi Akhara, it should be given fair representation.
He should be given a place in the new trust to be built for the construction of the temple. The apex court in 2017 also transferred the Babri demolition case from Rae Bareli to Lucknow court using the same paragraph.
What is Article 142 and how is it used?
- Under Article 142 of the Constitution, the Supreme Court while passing a decision in a case can give such an order which is necessary to give justice to a person, being within the scope of the constitutional provisions. According to advocate Virag Gupta, “The Supreme Court can use Article 142 to bring the process of justice to a logical conclusion in a particular case.”
- Under this, the court can include such instructions in the judgment, which are necessary to complete a case going before it. Also, the court can order the presence of a person and the investigation of any document. The court may also direct it to take necessary steps to ensure contempt and punishment. The order of the apex court remains in effect until any other law is enacted in that case.
Article 142 was used many times before
The Supreme Court also used Article 142 to transfer the disputed structure demolition case in Ayodhya from Rae Bareli to Lucknow’s special court in 2017. LK Advani, Murali Manohar Joshi and others were accused in the case. Two years later, this clause was used in the Ayodhya land dispute case. Earlier in the hearing in the Bhopal gas tragedy case, the court used it after announcing compensation for the victims. The court has also used it in the case of JP group and home buyers and in the case of a wedding.