The Constitution of India: individual Articles explained
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Nov 9, 2019: The Times of India
NEW DELHI: The Supreme Court granted the ownership of the 2.77 acres of disputed land in Ayodhya to a trust, paving the way for the construction of a Ram Temple, and ruled that the Muslims will get 5 acres of land at an alternative site.
The SC said a trust should be formed within three months for the construction of the temple at the site many Hindus believe Lord Ram was born.
The SC invoked Article 142 and directed that in the scheme to be framed Nirmohi Akhara, an order of ascetics, will also get representation. The court asked the Centre to grant representation in the trust to Nirmohi Akhara if deemed fit by the government.
So what is Article 142 that the SC invoked to hand over the land to the trust?
Article 142 of the Constitution allows the Supreme Court to pass any order necessary for doing complete justice in any cause or matter pending before it.
142 (1): The Supreme Court in the exercise of its jurisdiction 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 so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order1 prescribe.
Sunni Waqf Board lawyer Zafaryab Jilani, however, said that he doesn't think that the scope of Article 142 allows the court to take one's vested right but added that the committee respects the judgement of the court regardless.
This is not the first time that the Supreme Court has invoked Article 142. The apex court has in the past used the Constitutional provision in cases between Jaypee and homebuyers, in a marriage case, Bhopal gas tragedy and others.
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