Article 142

Why in News?

• Recently, the Supreme Court invoked its special powers under Article 142 of the Constitution to remove a Manipur minister.

About invocation of Article 142

• The Supreme Court removed Thounaojam Shyamkumar Singh, from the state cabinet and restrained him “from entering the Legislative Assembly till further orders”.
• A disqualification petition against the minister was pending before the Speaker since 2017 but the Speaker failed to take the decision within a reasonable time period.
• The Speaker also failed to take any decision within the stipulated time period of 4 weeks as provided by the Supreme Court in the 21st January, 2020 order.
• Article 212 of the Constitution bars courts from inquiring into proceedings of the Legislature. In this case, however, prompted by the fact that the Speaker’s conduct has been called into question on several occasions, the Court said it was “constrained” to invoke the court’s extraordinary powers under Article 142 of the Constitution.
• Earlier, the Manipur High Court, in this matter, had found grounds for disqualification under the Tenth Schedule but stopped short of issuing directions.
• The reason being that question of whether a High Court can direct a Speaker to decide on a disqualification petition within a time frame is pending before a Supreme Court Bench.
• The court in general said that “the Speaker, in acting as a Tribunal under the Tenth Schedule, is bound to decide disqualification petitions within a reasonable period”, which “will depend on the facts of each case.”
• The Supreme Court also held that disqualification petitions under the tenth schedule should be adjudicated by a mechanism outside Parliament or Legislative Assemblies.
• The Court has suggested a permanent tribunal headed by a retired Supreme Court judge or a former High Court Chief Justice as a new mechanism. However, this would require an amendment to the Constitution.
• Currently, disqualification of members of a House/Assembly is referred to the Speaker of the House/Assembly.
• Rationale behind Court’s suggestion was to ensure that such disputes are decided both swiftly and impartially, thus giving real teeth to the provisions contained in the Tenth Schedule.

Article 142

• It provides discretionary power to the Supreme Court as it states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.

Prelims Question

Q. Article 142 of the Indian constitution is associated with?
a)Election of Member of Parliament
b)Appointment of Judges of Supreme Court
c)Power of Supreme Court to pass such decree necessary for doing complete justice
d)Civil and judicial authorities to act in aid of the Supreme Court

Answer to the Prelims Question