SC grants Permanent Commission to Woman Army Officer

The Supreme Court exercised its extraordinary powers under Article 142 of the Constitution to grant permanent commission to a woman Army officer with a distinguished service record who was wrongly excluded from the consideration when other similarly placed officers were given the benefit.

Article 142 of Indian Constitution

• Empowers the Supreme Court: Article 142 authorizes the Supreme Court to issue any decree or order required to ensure “complete justice” in cases before it.
  • These decrees or orders are binding and enforceable across the entire territory of India.
• Goes Beyond Legal Constraints: The provision allows the Court to transcend existing laws or statutes to deliver justice.
  • This enables the Court to perform roles that may overlap with executive or legislative functions when necessary.
• Related Constitutional Provisions: Article 142 is supported by other provisions such as:
  • Article 32: Provides the right to constitutional remedies.
  • Article 141: Mandates all courts in India to follow the Supreme Court’s decisions.
  • Article 136: Allows for Special Leave Petitions (SLPs).
• Together, these articles form the basis for judicial activism, allowing the Supreme Court to occasionally override legislation to achieve complete justice.

• Role in Public Interest Cases: Article 142 empowers the Court to take action in matters involving public interest, fundamental rights, human rights, and constitutional values.
  • This reinforces the Supreme Court’s role as the guardian of the Constitution, ensuring protection against rights violations.

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