Supreme Court Rejects Plea To Give Article 142 Powers To High Courts, Calls It "Completely Misconceived"

The Supreme Court dismissed a petition seeking Article 142 powers for High Courts, stating only the apex court holds such authority. The bench ruled the plea as "completely misconceived" and clarified that constitutional amendments can only be made by Parliament.

In a significant ruling on April 22, the Supreme Court of India firmly rejected a petition that sought to give High Courts the same powers as the Supreme Court under Article 142 of the Constitution. The Court called the plea “completely misconceived.”

“Power conferred under Article 142 of the Constitution is only on this Court and not the High Courts,”
— Supreme Court

The bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan dismissed the petition filed by Pankaj K Phadnis, who appeared in person. The petitioner argued that High Courts should also have the authority to pass any order necessary to ensure complete justice, similar to the Supreme Court under Article 142.

However, Justice Oka explained that such a request cannot be accepted without a constitutional amendment, something only Parliament can do. He clarified:

“Your prayer is that we should confer on High Court the power of this court under Article 142. Can that be done unless Constitution is amended? We can strike down portion of the Constitution but we can't amend the Constitution.”
— Justice Abhay S. Oka

The petitioner also suggested that a Constitution Bench could interpret the law or that Article 226 could be treated like Article 142. Both arguments were rejected by the Court. Justice Oka responded that:

“A Constitution Bench cannot amend the Constitution… You go to the Parliament. We can't amend the Constitution.”
— Justice Abhay S. Oka

The Court also declined to appoint an amicus curiae and refused to direct the High Court to hear the petitioner’s writ petition under Article 142. The judges were clear that High Courts do not have the authority to act under Article 142 while handling cases under Article 226.

“There is absolutely no merit in the prayer made by the petitioner. Therefore, there is no question of appointing amicus curiae or referring the case to the Constitution Bench.”
— Supreme Court

Case no. – Abhinav Bharat Congress v. Union of India and Ors.

Case Title – W.P.(C) No. 395/2025