Article 142(1) of the Constitution of India gives the Supreme Court of India an extraordinary power to pass any order needed to ensure “complete justice.” This provision prevents technical rules or gaps in law from defeating justice. At the same time, the Court has made it clear that it cannot use this power to override clear statutory provisions.
In matrimonial law, “irretrievable breakdown of marriage” is not a recognised ground for divorce. The law allows divorce only on specific grounds such as cruelty or mutual consent. However, in reality, many marriages completely fail even when these grounds do not strictly apply.
To address such situations, the Supreme Court uses Article 142 to recognise irretrievable breakdown in exceptional cases. The Court exercises this power only when there is no possibility of reconciliation and continuing the marriage would serve no purpose.
A recent example is Dhananjay Rathi v. Ruchika Rathi. In this case, one party withdrew consent, which created a procedural obstacle. The Court examined the full situation and found that the marriage had completely broken down. It then used Article 142 to dissolve the marriage and bring final closure to the dispute.
The Supreme Court has also clearly defined the limits of this power. It has held that Article 142 cannot replace or override substantive law. The Court cannot ignore express statutory provisions or achieve indirectly what it cannot do directly. It may only “iron out the creases” to balance fairness between the parties.
At the same time, Article 142 remains a wide and independent power. It exists alongside statutory powers and helps the Court prevent injustice. The Court can rely on it when legal procedures block a fair outcome.
However, the Court must use this power with restraint. It cannot ignore substantive rights or take over powers given to other authorities. For example, it cannot suspend an advocate’s licence, as that power belongs to the Bar Council.
Ultimately, Article 142 acts as a constitutional safety valve. It allows the Supreme Court to remove obstacles and ensure that justice remains complete, practical, and effective.
