One useful takeaway
- The Supreme Court used Article 142 to issue a blanket quashing of thousands of FIRs against CJP protesters, bypassing individual scrutiny required under Section 528 of the BNSS.
ARTICLE PREVIEW
Gist The Supreme Court recently invoked its extraordinary powers under Article 142 of the Constitution to mass-quash FIRs against individuals involved in nationwide protests led by the Cockroach Janta Party CJP . This blanket order effectively bypassed the standard statutory procedure for quashing criminal cases, functioning instead as a judicial rubber stamp for a negotiated settlement between the Centre and the protesters. For a civil services aspirant, this development is crucial as it highlights the ongoing tension between the apex court's mandate to deliver "complete justice" and the risk of judicial overreach by circumventing established legislative frameworks. Background Article 142 of the Constitution empowers the Supreme Court to pass any decree or order necessary for doing "complete justice" in any cause or matter pending before it. The concept originates from Section 210 of the Government of India Act, 1935 , drawing on the colonial-era practice of deciding disputes based on "justice, equity and good conscience" when formal written laws were silent. It appeared as Article 118 in the Draft Constitution and was adopted by the Constituent Assembly on May 27,…
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