'Article 142 Doesn't Empower Court To Ignore Substantive Rights Of Litigants' : Supreme Court Issues Guidelines On Exercise Of Inherent Powers
Live LawWhile overturning the 2018 Asian Resurfacing judgment that mandated an automatic vacation of stay orders after six months, the Supreme Court issued crucial guidelines on the exercise of its powers under Article 142 of the Constitution. In yesterday's verdict, the Supreme Court, however, clarified that while this constitutional provision is designed to allow it to do complete justice, “it cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour who are not parties to the proceedings before the court.” Other than this, these non-exhaustive guidelines emphasise that Article 142 can be invoked by the Supreme Court to streamline procedural aspects, but not to to defeat the substantive rights of litigants not party to a case before it. Importantly, the constitution bench also held that the Supreme Court's powers under Article 142 cannot be exercised to defeat the principles of natural justice, which are an integral part of our jurisprudence. It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour who are not parties to the proceedings before this Court; Article 142 does not empower this Court to ignore the substantive rights of the litigants; and While exercising the jurisdiction under Article 142 of the Constitution of India, this Court can always issue procedural directions to the Courts for streamlining procedural aspects and ironing out the creases in the procedural laws to ensure expeditious and timely disposal of cases.
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Article 142 and the need for judicial restraint
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