Constitution of India:Art.142
The Union judiciary-the Supreme court is enshrined under art.from 124 to 147 under chapter 22.
In ESP Rajaram vs. UOI,2001, the SC held that art.142 has power to pass such decree or make such order as is necessary for doing complete justice in any case or mater pending before it.
Inherent power under art.142 can not be invoked when alternative remedy is available and has already been availed of. This power is only to ‘correct’ orders when other remedy is not available. In UOI vs. Darshan Devi, 1997 it’s held that since remedy by way of ‘review’ is under the rules of SC, the inherent power cannot be invoked.
On 10.3.11, SC exercising above article, has reduced one year sentence of an 81 (K. Ramabhadran Nair) year old man in a corruption case ‘to the period already undergone’ because of the ‘vegetative state’ he is in.
In a review petition filed by the wife of Nair on the ground that a person of unsound mind and can not be kept under prison u.s.30 of Prisoners Act 1900,(here the individual is suffering from Alzheimer disease and not a sound person), is allowed and ruled in Nairs favor under this extraordinary jurisdiction.
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