Explanation:

Article 142(1) of the Constitution empowers the Supreme Court to pass any decree or order necessary for doing “complete justice” in any cause or matter pending before it.

Statement 1:

Such decrees cannot override express statutory provisions.
✅ Correct

• Though Article 142 gives wide discretionary powers, it cannot be used to contravene or ignore substantive statutory provisions.
• The Court clarified this in several judgments:
• A.R. Antulay v. R.S. Nayak (1988) — SC held that Article 142 cannot be used to supplant substantive law.
• Supreme Court Bar Association v. Union of India (1998) — reiterated that this power cannot override existing law, especially where statutes lay down specific procedures or punishments.
👉Therefore, limited by statutory law, but not by procedural technicalities.

Statement 2:

Such decrees are enforceable as if they were decrees of a civil court.
✅ Correct

• Article 142(1) expressly provides that “any decree or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by Parliament and, until so prescribed, in such manner as the President may by order determine.”
• The Supreme Court (Decrees and Orders) Enforcement Order, 1954 makes them enforceable like civil court decrees.

Statement 3:

Parliament can by law curtail this power.
❌ Incorrect

• This power flows directly from the Constitution itself.
• Parliament cannot curtail or restrict it through ordinary legislation.
• Only a Constitutional Amendment could theoretically modify Article 142.

👉Final Answer:

✅ (a) 1 and 2 only

“Daily MCQ Edge Series”

[ Topic : Indian Polity ]

Q.1854) Under Article 142, the Supreme Court can pass decrees for “complete justice”. Which of the following limitations apply?

1. Such decrees cannot override express statutory provisions.

2. Such decrees are enforceable as if they were decrees of a civil court.

3. Parliament can by law curtail this power.