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Another milestone successful the absorption of transportation of implicit justness by the Supreme Court of India is its caller determination to elevate the Right to harmless question connected National Highways arsenic a cardinal right, declaring it an integral portion of the Right to Life nether Article 21 of the Constitution. The Court took suo motu cognisance of 2 roadworthy accidents successful November 2025, which led to a nonaccomplishment of 34 lives and has issued wide-ranging directives. [In Re: Phalodi Accident vs. National Highways Authority of India and Others (2025)]. The Court has intelligibly held that safe, well-maintained, and motorable roads are nary longer conscionable a argumentation goal, but a law work of the state. It is an alarming information that portion National Highways comprise lone 2% of roads, they relationship for 30% of fatalities. In 2025, National Highways successful India saw astir 26,770 deaths successful the archetypal six months alone. The authorities aims to trim roadworthy accidents by 50% by 2030 and to execute this goal, it has adopted a strategy focusing connected strengthening Education, Engineering (roads/vehicles), Enforcement, and Emergency Medical Service has been adopted. Despite fatalities connected the National Highways decreasing by 11% compared to 2024, they inactive stay alarmingly high. These figures indispensable person been a contributing origin successful the Supreme Court’s determination portion exercising its inherent powerfulness nether Article 142 of the Constitution which talks astir implicit justice.
Inherent powerfulness of the Supreme Court
The Supreme Court is the custodian of the Constitution. Hence, it has been fixed specified powers which could beryllium exercised wherever the instrumentality is soundless oregon is recovered incapable of grievance redressal. Such powers are not conferred by statute but are inherent to its relation arsenic the highest court, enabling it to spell beyond strict procedural constraints to forestall injustice oregon maltreatment of process. Another information to invoke Article 142 is simply a manifest mistake and non-exercise of it mightiness pb to travesty of justice. The Supreme Court in Delhi Judicial Service Association vs. State of Gujarat (1991) has held that the powerfulness to bash implicit justness is wholly of antithetic level and of a antithetic quality. The Court further says that immoderate restrictions contained successful mean laws cannot enactment arsenic regulation connected the law powerfulness of the Court.
Also read: Calling retired the disapproval of the Indian judiciary
The conception of implicit justice
A pertinent question that comes to our caput is whether justness could ever beryllium incomplete. If not, past wherefore has the word ‘complete justice’ been incorporated into Clause (1) of Article 142 of the Constitution? Another question that whitethorn originate is whether High Courts whitethorn besides present implicit justice.
The powerfulness to present implicit justness is residuary successful quality and it whitethorn beryllium exercised to guarantee the observance of owed process of law. This is an bonzer jurisdiction implicitly vested with spot and religion that it shall beryllium exercised by applying the rule of earthy justice, i.e., fairness. The Court besides recognises its significance, and therefore, held in Hitesh Bhatnagar vs. Deepa Bhatnagar (2011) that bonzer attraction and caution shall beryllium observed portion exercising this jurisdiction.
Article 142 empowers the Supreme Court to walk immoderate indispensable bid to present comprehensive, equitable justice, adjacent if existing laws oregon procedural technicalities bash not supply a circumstantial remedy. This powerfulness acts arsenic a “constitutional information valve” to capable ineligible gaps. It is simply a well-established information that the Constitution of India gives precedence to earthy justness implicit different forms of justice. In a landmark judgment, the apex court, in Canara Bank vs. Debasis Das (2003), says that the Constitution intends to present substantive justice, which is the removal of injustices and it shall beryllium delivered either by mode of ineligible oregon earthy justice. In a concern wherever ineligible justness is incapable of doing so, the principles of earthy justness indispensable beryllium followed.
Complete justness and High Courts
The question of whether High Courts could besides present implicit justness whitethorn beryllium answered connected the ground of the Supreme Court’s determination in Anil Kumar Jain vs. Maya Jain (2009) successful which the Court held that the powers of High Courts nether Article 226 of the Constitution are surely not astatine par with those of the Supreme Court nether Article 142. However, justness is simply a wide conception and shall ever beryllium complete. Thus, the High Courts whitethorn besides present implicit justice, though successful a much circumscribed mode than the Supreme Court, whose inherent powers nether Article 142 service arsenic 1 of the tools for applying the conception of owed process of instrumentality successful rapidly changing social, economic, governmental and worth systems wrong and extracurricular India.
Cause for controversy
The workout of Article 142 is often criticised arsenic judicial overreach that undermines the rule of separation of powers. Critics constituent retired that the Court bypasses the established laws and procedures and whitethorn encroach upon the domain of the Executive oregon the Legislature. However, specified criticisms bash not person overmuch rationale. It is existent that invoking Article 142 makes the judiciary much active. However, judicial activism involves the proactive and progressive mentation of laws oregon law provisions. Its law intent is to present justice, beryllium it social, economic, governmental oregon legal. The thought is to present substantive justness arsenic said earlier. The occupation arises erstwhile caller and evolving societal realities, specified arsenic live-in relationships oregon matters relating to homosexuality, look and established laws and procedures whitethorn beryllium inadequate to present justice. In specified situations the Supreme Court, arsenic the custodian of the Constitution needs to proactively instrumentality steps to guarantee that implicit justness is delivered. This is the crushed wherefore specified powers person been dubbed inherent powers of the Court. In specified situations the Court applies the rule of earthy justness which is integral to the full law strategy of India.
(C.B.P. Srivastava is President, Centre for Applied Research successful Governance, Delhi)
