Introduction
The Supreme Court of India on 25 February 2026 invoked its extraordinary powers under Article 142 of the Constitution to allow judges from Odisha and Jharkhand to oversee a Special Investigation Report (SIR) in West Bengal. The Court found it necessary to ensure impartiality by bringing in judges from outside the state.
What is Article 142?
Article 142 empowers the Supreme Court to ‘pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.’ This extraordinary, residual power allows the Court to go beyond existing law to ensure justice. It has been described as the ‘nuclear option’ of judicial power. Orders under Article 142 must be in aid of — and not in conflict with — existing law and the Constitution.
Notable Uses of Article 142
The Article has been invoked in landmark cases: (1) Union Carbide v. Union of India (Bhopal Gas Tragedy) — to approve USD 470 million settlement; (2) Babri Masjid Case (2019) — directing alternate land for Sunni Waqf Board; (3) Vishaka v. State of Rajasthan (1997) — laying down sexual harassment guidelines; (4) Demolition cases (2024) — nationwide guidelines on demolitions.
Bengal SIR Context
A Special Investigation Report (SIR) is a court-directed investigation ordered when normal police investigation is found biased or inadequate. The Supreme Court found that local judges — potentially subject to political pressure — could not independently oversee the investigation. By appointing judges from other states, the Court overcame practical obstacles to justice.
📝 Practice Quiz — 5 MCQs
Answers with detailed explanations
📝 Practice Quiz — 5 MCQs
Answers with detailed explanations