The Supreme Court denied approval to the petition submitted by the Abhinav Bharat Congress that wanted to spread Article 142 powers from the Supreme Court to all high courts nationwide. The Supreme Court holds the power to establish necessary decrees or orders for achieving complete justice through Article 142 during pending proceedings before the court.
The two Supreme Court justices who heard the matter, Abhay S Oka and Ujjal Bhuyan, officially dismissed the plea, stating it contained misperceptions at its core. Such a request needs Parliament to enforce a constitutional amendment since judicial authority does not extend to this matter. The Court wonders which authority would grant such a petition. Changing the Constitution through amendatory measures is the necessary step for this action. The court stated to voters that they should approach Parliament for such power. Article 142 grants its power exclusively to this Court as an institution. High courts must not obtain such judicial authority over Article 142 because the Supreme Court holds exclusive powers under this article.
According to the court, these exclusive powers under Article 142 exist only for the Supreme Court to maintain justice beyond legal limitations.
The Supreme Court took action under Article 142 in an important case about Tamil Nadu government relations with Governor RN Ravi. The Tamil Nadu state government submitted a request to the Supreme Court because Governor RN Ravi delayed too long to approve ten legislative assembly bills.
The Supreme Court declared, through its historic ruling, that the governor’s delayed approval was unconstitutional, so the bills automatically gained approval. The historical implementation permitted state authorities to publish laws through the state gazette despite missing the governor’s signature, which transformed Indian federal principles and strengthened state legislative dominance.
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