ARTICLE 142 – POWER OF SUPREME COURT TO REVIEW ITS OWN JUDGMENT

ARTICLE 142 – POWER OF SUPREME COURT TO REVIEW ITS OWN JUDGMENT

The Supreme Court of India is empowered by Article 142 of the Indian Constitution to exercise its jurisdiction and pass any order necessary to provide full justice in any case that is brought before it. According to this article, the Supreme Court is empowered to examine its own rulings and decrees in order to address any mistakes or injustices that may have happened.

A succinct summary of Article 142 and its implications is provided below:

Wide Discretion: Article 142 grants the Supreme Court a lot of latitude. It enables the court to issue any orders it sees fit in order to fully administer justice in a case. This discretion is quite open-ended and adaptable.

Limitation: Although Article 142 provides for a great deal of latitude, it also has some restrictions. This article cannot be used by the Supreme Court to change current legislation or to go against the law. Its decisions should be consistent with recognized legal standards.

The ability to review one's own judgements or directives is one of the major authorities granted by Article 142. This means that the court has the authority to revisit and revise its own judgment if it thinks that a previous ruling contained an error or had an unjust outcome.

Doctrine of Prospective Overruling: The Supreme Court, when reviewing its own judgments, may apply the doctrine of prospective overruling. This means that while it sets aside a previous decision, the new ruling only applies to future cases and not to past cases, ensuring stability and predictability in the law.

Exceptional Circumstances: Article 142 is typically invoked in exceptional circumstances where no other legal remedy is available to address the situation. It is used sparingly and only when the court deems it necessary to uphold justice.

Precedents: The Supreme Court's decisions under Article 142 often become precedents for future cases, as they reflect the court's interpretation and application of the law.

In conclusion, the Indian Constitution's Article 142 gives the Supreme Court unique ability to issue directives for the sake of justice, including the capacity to examine its own decisions. This clause is a crucial weapon for the court to make sure that justice is done, but it also has some restrictions to protect the legitimacy of the judicial system.

**AUTHOR: - GUNGEET KAUR, a Student of ARMY INSTITUTE OF LAW