What Is Article 142 of the Indian Constitution — and Why V-P Dhankhar Calls It a ‘Nuclear Missile’?

New Delhi: Vice President Jagdeep Dhankhar has stirred debate by calling Article 142 of the Indian Constitution a "nuclear missile" in the hands of the judiciary, warning that its unchecked use poses a threat to democratic forces. Criticising recent Supreme Court actions, he questioned how a smaller bench could issue directions akin to a constitutional mandate, bypassing the requirement of a five-judge bench under Article 145(3). He argued that Article 142 is now being used 24x7 to override democratic processes, cautioning against its misuse and calling for corrective measures.

"We cannot have a situation where you direct the President of India , and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There, it has to be five judges or more. When Article 145(3) was there, the number of judges in the Supreme Court was eight, 5 out of 8, now 5 out of 30 and odd. But forget about it; the judges who issued a mandamus virtually to the President and presented a scenario that it would be the law of the land have forgotten the power of the Constitution. How can that combination of judges deal with something under Article 145(3) if preserved, it was then for five out of eight. We also need to make amends for that now. Five out of eight would mean interpretation will be by majority. Well, five constitutes more than the majority in eight. But leave that aside. Article 142 has become a nuclear missile against Democratic forces, available to the judiciary 24 x 7," Dhankar said while speaking at the Valedictory Function of the sixth Rajya Sabha Internship Programme.

But what exactly is Article 142, and why does it carry such immense power?

What is Article 142?

Article 142 empowers the Supreme Court of India to pass any decree or order necessary to ensure “complete justice” in any case before it. This unique provision grants the apex court the authority to go beyond the strict letter of the law to deliver justice in extraordinary circumstances.

Features of Article 142

• Power to Ensure Complete Justice: The Court can pass orders or decrees that it considers essential to resolve a case fully, even if such directions are not covered under existing statutory provisions.
• Nationwide Enforceability: Any ruling under Article 142 is binding and enforceable across the entire country.
• Supportive Powers: The Court can also issue orders to ensure attendance of individuals, production of documents, or even punish for contempt of court under this provision.

Why Did The Vice President Mention Article 142 in His Address?

The Vice President’s remarks were in response to a recent Supreme Court verdict in a case involving the Tamil Nadu Governor’s delay in approving Bills passed by the State Assembly. In its ruling, the Court not only imposed deadlines for Governors to act on pending Bills but also extended the timelines to the President’s decision-making process under Article 201 of the Constitution. The Court stated that if the President fails to act within the stipulated timeframe, States have the right to move the courts and seek a writ of mandamus against the President.

Additionally, the Court clarified that if a Governor refers a Bill to the President citing constitutional concerns, the President should consult the Supreme Court under Article 143 before making a decision.