Chandigarh Mayor Elections: All you need to know about Article 142 used to overturn poll results

Article 142 has recently been used by the Supreme Court to overturn the poll results in Chandigarh's Mayor election. Read below to find which cases Article 142 has been applied to previously.

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Edited By: Shruti Chopra
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The Supreme Court on Tuesday, used the broad authority granted to it by Article 142 of the Constitution to overturn the results of the January 30 elections for the position of Mayor of the Chandigarh Municipal Corporation. In a masive blow to the outcome of the Chandigarh Mayoral polls, the in its order thwarted the electoral process that was followed while counting of the votes was being carried out. The apex court said it is in the interest of the democracy to avoid such 'subterfuges'.

"We are of the considered view that in such a case, this court is duty bound, particularly in the context of its jurisdiction under Article 142 of the Constitution, to do complete justice to ensure that the process of electoral democracy is not allowed to be thwarted by such subterfuges," the bench, which included Chief Justice of India D Y Chandrachud, Justices J B Pardiwala and Manoj Misra, said in its order.

Updates on election:

Explaining Article 142 

Article 142 gives the Supreme Court the authority to implement "complete justice" between the parties in situations when there may not be a remedy available under the law or a statute. In some circumstances, the court will have the authority to resolve a disagreement in a way that is appropriate given the circumstances of the case.

Examples of Article 142 applied 

Article 142 has been put to use numerous times over the years. Sharing some examples of these will help to explain how it has been a helpful asset to the judicial system of India. The Apex court provides the extent and scope of it. 

In 1991, the Supreme Court ruled in the Union Carbide Corporation v. Union of India case pertaining to the Bhopal gas tragedy that UCC was required to provide $470 million in compensation to the victims of the incident. The Bench stated that it was "necessary to set at rest certain misconceptions in the arguments touching the scope of powers of this Court under Article 142(1) of the Constitution" and emphasized the broad application of Article 142 (1).

The Supreme Court defined the broad scope of its authority in 2017 when it transferred the Babri Masjid case by using Article 142. Article 142, it was stated, embodies the Latin maxim 'fiat justitia ruat caelum', which means 'Let justice be done though the heavens fall'.

Although, Article 142 is a powerful tool, in 2023 the Supreme Court informed that Article 142 may not be invoked in every case, and is not applicable universally.  

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