'Go To The Parliament…': SC On Plea For Allowing HCs To Exercise Power Under Article 142

New Delhi: The Supreme Court on Tuesday declined to entertain a plea seeking a direction that the apex court’s power under Article 142 of the Constitution be granted to the high courts. The matter came up before a bench comprising Justices Abhay S Oka and Ujjal Bhuyan. Article 142 empowers the top court to pass "any decree or order necessary for doing complete justice in any case or matter pending before it" within the country.

During the hearing, the bench wondered how it could allow such a plea. "How can we grant such prayer? It requires an amendment to the Constitution," said the bench, adding that the prayer made in the petition is completely misconceived. The bench told the petitioner, "You go to the Parliament…," and made it clear that the power conferred under Article 142 of the Constitution is only for the apex court and not the high courts.

"Therefore, we cannot allow the high court to exercise power of this court under Article 142," said the bench, while declining to entertain a plea filed by NGO Abhinav Bharat Congress.

Earlier this month, the top court exercised its power under Article 142 in the case filed by the Tamil Nadu government against the state's Governor RN Ravi, regarding the inordinate delay in granting assent to 10 bills passed by the state legislative assembly.

A bench comprising Justices J B Pardiwala and R Mahadevan, in a judgment on April 8, declared that the Tamil Nadu Governor’s decision to withhold assent to 10 bills was "illegal" and "arbitrary" and fixed a three-month timeline for the President to clear the bills.