CURRENT AFFAIRS

2023

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
As per a Supreme Court bench ruling, it can use its powers under which Article to directly grant a divorce decree?
A
Article 21
B
Article 92
C
Article 121
D
Article 142
Explanation: 

Detailed explanation-1: -In 2014, two parties moved the Supreme Court to grant them divorce using its powers under Article 142. Article 142 of the Indian Constitution exclusively enables the Supreme Court to issue or pass any order that it feels is necessary to provide ‘complete justice’ in a case before it.

Detailed explanation-2: -In this pursuit, Article 142 is supplemented by the Articles 32 (Right to constitutional remedies), Article 141 (The law declared by the Supreme Court shall be binding on all courts within the territory of India) and Article 136 (Special Leave petition). This is often termed as judicial activism.

Detailed explanation-3: -Article 142 provides a unique power to the Supreme Court, to do “complete justice” between the parties, where, at times, the law or statute may not provide a remedy. In those situations, the Court can extend itself to put an end to a dispute in a manner that would fit the facts of the case.

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