Dynamics Of Article 142 Of The Indian Constitution And Injustice

Anupreet Kaur, NMIMS, Navi Mumbai*.



Abstract


Justice is the demonstration by which the Society/Court/Tribunal provides for a man what he is entitled to, rather than insuring against injury or wrong. justice is the delivering of what is correct and even-handed towards one who has experienced a wrong. Thusly, while treating the justice with benevolence, the Court must be extremely cognizant that it needs to do justice in careful adjustment to a few compulsory laws for the explanation that human activities are observed to be simply or shameful as they are in similarity with or contrary to the law. Article 142 says that the Supreme Court in the activity of its purview might pass such declaration or make such request as is vital for doing finish justice in any reason or matter forthcoming before it.[1]

It is to be noticed that this article utilizes the word 'complete justice' as opposed to the term 'justice'. This is on the grounds that total justice ventures much past the idea of offering justice to a party. The articulation 'complete justice' engrafted in Article 142 is wide and plentiful "framed with the versatility to meet horde circumstance". Complete justice is justice as indicated by law and the Supreme Court would be well an option for its to try and shape the alleviation so looked for by the gatherings to guarantee that no lawlessness is propagated.[2]

 

* Fourth year Law Student pursuing BBA. LL.B. (Hons.) from NMIMS, Navi Mumbai. [1] Montesquieu, The Spirit of Laws 156 (1748). [2] John Rawls, Theory of Justice 207-210 (1971).


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Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

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