Introduction
- The Supreme Court recently elevated safe travel on National Highways as a fundamental right under Article 21 in the case In Re: Phalodi Accident vs NHAI (2025). The Court took suo motu cognisance of two road accidents in November 2025 that claimed 34 lives.
- The national highways comprise only 2% of roads but account for 30% of all road fatalities in India. In the first six months of 2025 alone, National Highways saw approximately 26,770 deaths.
Article 142: Power to Deliver Complete Justice
- Article 142 empowers the Supreme Court to pass any necessary order to deliver comprehensive and equitable justice.
- This power is invoked where existing laws or procedural technicalities fail to provide a specific remedy.
- It acts as a “constitutional safety valve” to fill legal gaps when ordinary law is silent or inadequate.
- The power is residuary and extraordinary in nature and must be exercised with great care and caution.
- In Delhi Judicial Service Association vs State of Gujarat (1991), the Court held that the power to do complete justice is of a different level and quality than ordinary legal powers.
- Restrictions in ordinary laws cannot act as limitations on this constitutional power of the Court.
Key Judicial Pronouncements
- Canara Bank vs Debasis Das (2003): The Constitution intends to deliver substantive justice through legal or natural justice whichever is applicable.
- Hitesh Bhatnagar vs Deepa Bhatnagar (2011): Extraordinary care and caution must be observed while exercising jurisdiction under Article 142.
- Anil Kumar Jain vs Maya Jain (2009): Powers of High Courts under Article 226 are not at par with the Supreme Court’s powers under Article 142.
Complete Justice and High Courts
- High Courts may also deliver complete justice but in a more circumscribed manner than the Supreme Court.
- The Supreme Court’s inherent powers under Article 142 serve as a tool for applying due process of law in rapidly changing social realities.
Criticism and Response
- Critics argue that Article 142 leads to judicial overreach and encroaches upon the domain of the Executive and Legislature.
- However, judicial activism involves proactive and progressive interpretation of laws to deliver social, economic, political and legal justice.
- When evolving social realities such as live-in relationships or matters of homosexuality render existing laws inadequate, the Court must step in.
- As the custodian of the Constitution, the Supreme Court has both the authority and the responsibility to ensure complete justice is delivered.
Way Forward
- The government must work toward its goal of reducing road accidents by 50% by 2030 through the four-pronged strategy of Education, Engineering, Enforcement and Emergency Medical Services.
- Article 142 must be exercised judiciously to complement legislative action rather than replace it.
- A clear constitutional boundary must be maintained between judicial intervention and legislative domain to preserve separation of powers.
