The Supreme Court's power under Article 142 to deliver 'complete justice' reflects the constitutional primacy of natural justice over procedural law. Critically examine in the context of the recent elevation of safe travel on National Highways as a fundamental right under Article 21.

Question

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Introduction

Article 142 empowers the Supreme Court to pass any decree or order necessary for doing “complete justice” in matters before it. This extraordinary power reflects the constitutional commitment to substantive justice and enables the Court to transcend procedural limitations where fundamental rights and public welfare are involved.

Article 142 and Primacy of Natural Justice

Article 142 embodies the principle that justice should not be defeated by procedural technicalities.
It allows the Court to craft innovative remedies in exceptional situations where existing laws are inadequate.
The Supreme Court has used Article 142 in matters relating to environmental protection, corruption, gender justice, and governance reforms.
In Union Carbide Case (1991) and Ayodhya Verdict (2019), the Court invoked Article 142 to ensure equitable and enforceable outcomes.

Safe Travel on National Highways as a Fundamental Right

Recently, the Supreme Court linked safe travel on National Highways with the Right to Life under Article 21, emphasizing that road safety is integral to human dignity and public safety.
India records one of the highest road fatalities globally. According to the Ministry of Road Transport and Highways (2023), over 1.68 lakh deaths occur annually due to road accidents.
The Court directed authorities to improve highway engineering, emergency medical response, and enforcement mechanisms, thereby expanding the scope of Article 21 through Article 142.

Significance of Judicial Intervention

Reinforces the idea of a living Constitution responsive to emerging societal needs.
Protects citizens where executive inaction or policy gaps persist.
Advances the constitutional vision of welfare governance and accountability.

Critical Concerns

Excessive reliance on Article 142 may blur the separation of powers by enabling judicial overreach.
Courts may enter policy domains traditionally reserved for the legislature and executive.
In Supreme Court Bar Association v. Union of India (1998), the Court itself held that Article 142 cannot be used to ignore substantive statutory provisions.

Conclusion

Thus, Article 142 serves as a constitutional safety valve to uphold natural justice and fundamental rights. However, its exercise must remain balanced, principled, and consistent with constitutional boundaries to preserve institutional harmony and democratic accountability.