What Is Article 142 And Why VP Jagdeep Dhankhar Compared It to a Nuclear Missile | Explained

Vice President Jagdeep Dhankhar has triggered a constitutional debate by strongly criticising the Supreme Court's recent use of Article 142. Speaking at a public event, he questioned the judiciary's directive to the President on pending state bills, calling it a "nuclear missile against democratic forces." His remarks come in the wake of a landmark judgement where the Supreme Court set a three-month deadline for the President to act on bills cleared by state assemblies — a move seen as the judiciary stepping into executive territory. So, what exactly is Article 142? And why has it become a flashpoint? WHAT IS ARTICLE 142? Article 142 of the Indian Constitution grants the Supreme Court special powers to do "complete justice" in any matter pending before it. This means the Court can go beyond the letter of the law to ensure fair and equitable outcomes — even if it means overriding existing statutes or filling gaps in legislation. Originally drafted as Article 118, it was adopted by the Constituent Assembly without any debate — leaving its scope entirely in the hands of the judiciary. Over the years, Article 142 has been used in varied cases — from dissolving deadlocked marriages to enforcing compensation in the Bhopal gas tragedy. The Court has also invoked it to quash criminal cases, issue guidelines in the absence of laws, and protect constitutional rights. However, while the powers under Article 142 are expansive, they are not unchecked. The Court cannot violate constitutional provisions, ignore the rights of non-parties, or breach the principles of natural justice. In specific scenarios, the Supreme Court has also stepped into executive or legislative shoes — issuing directives or guidelines to governments when deemed necessary for the public good or to uphold constitutional values. Judiciary vs Executive The growing use of Article 142, especially in politically sensitive matters, has sparked concerns about the balance of power between the judiciary and the executive. While defenders view it as a necessary tool for delivering justice in extraordinary circumstances, critics — including the Vice President — warn that its unchecked use risks turning the judiciary into a “super Parliament.” As debates continue, one thing is clear — Article 142 is no ordinary provision. It’s a powerful constitutional lever that demands both responsibility and restraint in its use.