Discuss the significance of Article 142 as a tool for social justice with reference to recent Supreme Court orders in favour of vulnerable groups.
Q. Discuss the significance of Article 142 as a tool for social justice with reference to recent Supreme Court orders in favour of vulnerable groups. (15 marks, 250-350 words)
Article 142 empowers the Supreme Court to pass any decree necessary for doing "complete justice" in a matter before it. Where statutory rights exist on paper but administrative machinery fails to deliver them, this extraordinary jurisdiction has become the Court's chief instrument for converting entitlements of vulnerable groups into enforceable relief.
Why Article 142 matters for social justice - Bridges the rights–implementation gap: the RPwD Act, 2016 mandates not less than 4% reservation in government establishments and reasonable accommodation by employers [1], yet compliance in public undertakings remains uneven despite dedicated institutional machinery under the DEPwD [2]. - Fashions remedies statutes do not provide: writ jurisdiction can quash an illegality, but Article 142 can craft a positive, tailored remedy — the difference between declaring a right and delivering it. - Anchors international obligations domestically: it operationalises India's commitments under the UNCRPD, ratified in 2007 [4].
Recent orders in favour of vulnerable groups - In January 2026, a Bench of Justices J.B. Pardiwala and K.V. Viswanathan invoked Article 142 to direct Coal India Limited to create a supernumerary post — over and above sanctioned strength — with a separate desk and specially designed computer for Sujata Bora, a multiply disabled employee at its North Eastern Coalfields office, Assam [3]. - The Court urged corporates and investors to treat disability inclusion as a "strategic advantage" enhancing performance and resilience, rather than mere compliance — the second ruling in two months affirming a constitutional duty of corporations towards society [3].
Concerns - Case-by-case relief cannot substitute for systemic compliance; and expansive use raises questions of judicial overreach into executive and legislative domains.
Article 142 thus functions as a constitutional safety valve, giving substance to dignity under Article 21 where administration falters. Its promise is best realised when judicial directions are institutionalised — through stronger DEPwD monitoring, accessibility audits and incentive-linked hiring [2] — so that inclusion becomes routine governance rather than exceptional relief, advancing both constitutional equality and SDG-10 on reduced inequalities.
(~320 words)
Sources: 1. The Rights of Persons with Disabilities Act, 2016 — India Code, Legislative Department — 4% reservation and reasonable accommodation obligations 2. India's Commitment to Disability Rights — Press Information Bureau — DEPwD institutional machinery and accessibility initiatives 3. "Treat inclusion of disabled persons as an advantage: SC" — The Hindu, 14 January 2026 — Coal India supernumerary post order and "strategic advantage" framing 4. UN Convention on the Rights of Persons with Disabilities — United Nations — India's ratification in 2007 and treaty obligations