Supreme Court's Use of Article 142 Raises Concerns

The Supreme Court of India has been using Article 142 to intervene in cases involving dead marriages and POCSO convictions.

In matrimonial cases, the Court has dissolved marriages that the law could not practically end, filling a vacuum left by Parliament.

In POCSO cases, the Court has set aside convictions, citing factors like the victim's subsequent marriage to the convicted man and the passage of time.

Critics argue that this use of Article 142 creates a two-tier justice system, undermines the integrity of protective statutes, and relieves Parliament of its responsibility to reform the law.

Supporters, however, argue that the Court's intervention is necessary to ensure justice in exceptional cases and fill legislative gaps.

The debate highlights the tension between judicial intervention and legislative inaction, with calls for Parliament to address these issues through democratic deliberation and statutory precision.