Rajiv Gandhi, assassination convict, released: Everything you need to know about Article 142 and its application

*Paromita Das

The Supreme Court of India released AG Perarivalan, who was convicted of involvement in the assassination of former Indian Prime Minister Rajiv Gandhi, on Wednesday (May 18).

On May 21, 1991, Rajiv Gandhi was assassinated by a suicide bomber while campaigning for an election in the southern Indian town of Sriperumbudur.

Perarivalan was convicted the same year of purchasing the batteries used to detonate the bomb that killed Rajiv Gandhi.

Perarivalan was sentenced to life in prison.

A bench led by Justice L Nageswara Rao of India’s Supreme Court invoked extraordinary powers to grant relief to the 50-year-old Perarivalan.

Article 142 of the country’s Constitution granted it the so-called extraordinary powers.

What is the meaning of Article 142 of the Indian Constitution?

Article 142 is frequently referred to as judicial activism. When the law or statutes fail to provide a solution, Article 142 gives the Supreme Court of India the authority to do “complete justice.”
It is understood that such orders are enforceable throughout India in accordance with any law passed by Parliament or order issued by the President of India.

Definition of Article 142 in the Indian Constitution

“142. Enforcement of Supreme Court decrees and orders, except in cases of discovery, etc.”

(1)    In exercising its jurisdiction, the Supreme Court may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree or order so passed or orders so made shall be enforceable throughout the territory of India in the manner prescribed by or under any law made by Parliament and, until such provision is made, in the manner prescribed by the President by order.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself, as regards the entire territory of India.”
Examples of when Article 142 was invoked

2016: A prohibition on the sale of alcohol within 500 meters of the highway’s outer edge to prevent accidents caused by drunk driving.

2014: Coal block allocation case, in which the Supreme Court canceled the allocation of coal blocks granted from 1993 to the present to those who had committed wrongdoing.
Article 142 was used in 1989 to compensate victims of the Bhopal Gas Tragedy.