Art. 142 of the Constitution

Fiat justitia, ruat caelum. — Let justice be done, though the heavens may fall.

The Supreme Court on 16.12.2015 exercised its Constitutional authority under the Article 142 of the Constitution and appointed former High Court judge, Justice Virendra Singh, as Lokayukta of Uttar Pradesh after the State government failed to comply with its directives.

The Article 142 says the following:

142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

 ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

The main purpose of Article 142 and the endeavor to do complete justice has been explained by SC court in Manohar Lal Sharma v. Principal Secy & Ors. wherein the apex court held that "the Supreme Court has been conferred with very wide powers for proper and effective administration of justice. The Court has inherent power and jurisdiction for dealing with any exceptional situation in larger public interest which builds confidence in the rule of law and strengthens democracy. The Supreme Court as the sentinel on the qui vive, has been invested with the powers which are elastic and flexible and in certain areas the rigidity in exercise of such powers is considered inappropriate."

In Shahid Balwa v. Union of India & Ors., the court said that "Article 136 read with Article 142 of the Constitution of India enables this Court to pass such orders, which are necessary for doing complete justice in any cause or matter pending before it and, any order so made, shall be enforceable throughout the territory of India. The power to do complete justice under Article 142 is in the nature of a corrective measure whereby equity is given preference over law to ensure that no injustice is caused.

source: http://www.nja.nic.in/17%20Complete%20Justice.pdf

Article 136 says the following:

136. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India

(2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces

In M.S. Ahlawat v. State of Haryana & Anr., the court held that under Article 142, the court cannot altogether ignore the substantive provisions of a statute and pass orders concerning an issue which can be settled only through a mechanism prescribed in another statute. 

While reviewing its earlier order, the court corrected its order punishing the petitioner under Section 195 of Code of Criminal Procedure, 1973 holding that the requirements of the provisions cannot be ignored in exercise of powers under Article 142. 

Similarly, in M.C. Mehta v. Kamal Nath & Ors.26, the court while dealing with the issue whether a punishment could be imposed by the apex court while hearing a Writ Petition for causing pollution when such an act is covered by Prevention of Water Pollution Act and Prevention of Air Pollution Act, held that Article 142 could not be invoked in contravention of statutory provisions.