Way out

♤ Although apex court has used Article 142 in good ways such as Union carbide case, cleansing of Taj Mahal, release of undertrials in jail etc., yet following restraints should be considered to bring complete justice to various deprived sections of society under Article 142 in general:

♤ Cases invoking Article 142 should be referred to a Constitution Bench of at least five judges to decrease uncertainty around article 142.

♤ In cases where the court invokes Article 142, the government must bring out a white paper to study the beneficial as well as the negative effects of the judgment after a period of six months or so from its date.

♤ Supreme Court should follow it’s much reiterated principle that recourse to Article 142 of

the Constitution is inappropriate, wherever a statutory remedy is available.