Why in news?
Recently SC invoked Article 142 of the Constitution of India, prohibiting the sale of liquor.
What is Article 142?
- Article 142 empowers the SC to pass any decree or order necessary for doing “complete justice” in any matter pending before it.
- But the recent order is not the outcome of a legal suit between parties.
- The location of hotels, restaurants or vends, selling liquor is a pure policy decision, best left to governments to take.
- Liquor is within the exclusive domain of state legislatures.
What is the effect of misusing 142?
- The cancellation of all telecom licenses to serve the cause of public interest without individual culpability jeopardised the survival of entities.
- The consequences of cancellation of all allocations of coal mines have adversely impacted the balance-sheets of public sector banks.
- One of the consequences of such omnibus cancellations is defaults on bank loans. The consequent NPAs impact the economy.
- The decision to ban the sale of diesel cars with an engine capacity of 2000 cc jeopardised possible foreign investment.
What should be done?
- Constitutional concept of the separation of powers should not be overlooked.
- It should not become an instrument to deal with every ill that confronts this country. Other proper channels should be used.
- Article 142 of the Constitution should be used judicially.
- Use of Article 142 has economic consequences that tend to destabilise the economy.
- For the court to be completely isolated from this populist environment is not easy. Judges might be swayed by what we read.
- So they have to be exceptionally careful in rendering decisions, which cause unintended consequences.
- Recourse to Article 142 of the Constitution is inappropriate, wherever a statutory remedy is available.
Source: The Indian Express
