January 23, 2021

For Those Who Are Puzzled by Recent Orders of Supreme Court in #Farmerprotest cases

Framers of Constitution visulised that there may be legal disputes which should be resolved rather than adjudicated.

For this purpose they armed Supreme Court with three Articles namely 32, 136 and 142.

Together these article have given Supreme Court to do power to do ultimate justice.

Here the powers of Supreme Court are not restrained by any law or enactments.

For example, under Art, 32, even in areas where no laws are made, Supreme Court can make temporary law, can redefine a new fundamental right, if it is ancillary to Art.21, that is Right to Live.

Under this powers, Supreme Court has declared that Right to Safe Drinking water is fundamental right. And there are so many other such instances like Right to Fair Investigation, Right to Live with Dignity etc.

Under Art 136, it can reexamine and can set aside any administrative order orany Judicial Order of any government body or any High Court or any other courts also, throughout India.

Under Art 142, Supreme Court can pass any order which it thinks fit and in the interest of Sovereignty and Integrity of Nation and Justice.

One of the role of Supreme Court is problem solving. There may be disputes and crisis where instead of adjudication of rights of party, a resolution between the parties may be in the interst of Justice.

Here, Supreme Court uses its power to pass any order under Art 142.

The orders passed in #Farmersprotest case are oreders of this nature

(C) Haresh Raichura 23/1/21