The story so far: The Supreme Court took an extraordinary step on Tuesday (September 1, 2026) to quash criminal cases registered against Gen Z protesters involved in nationwide protests linked to the Cockroach Janta Party (CJP) following the NEET-UG 2026 question paper leak.
It gives the Supreme Court broad inherent powers. In Prem Chand Garg v. In I.C. Golaknath v. In Union Carbide Corporation v.
Excise Commissioner, U.P. (1963), a Constitution Bench considered whether the Supreme Court could frame a rule or issue an order under Article 142 that was inconsistent with a fundamental right. The court held that though the power under Article 142 is wide, it cannot be exercised to make an order that is plainly inconsistent with a constitutional provision. State of Punjab (1967), the court described Article 142 as a wide and elastic power that enables it to formulate legal doctrines where necessary to meet the ends of justice. Union of India (1991), the court took a broader view of the power, holding that limitations or prohibitions contained in ordinary laws do not, by themselves, operate as limitations on the constitutional power under Article 142.
The judgment therefore placed an important constitutional limit on the otherwise wide power.
A three-judge Bench headed by Chief Justice of India (CJI) Surya Kant exercised its absolute powers under Article 142 of the Constitution to do “complete justice” and ensure that the “FIRs will not be investigated, and will be closed for all intents and purposes”. Article 142 empowers the Supreme Court to “pass a 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”.
State of Gujarat (1991), the Supreme Court held that its powers under Article 142, read with Articles 32 and 136, could be exercised to quash criminal proceedings in an appropriate case to do complete justice. The court emphasised that Article 142 operates at a different level from ordinary statutory powers. Union of India (1998), where the Constitution Bench described Article 142 as a plenary, supplementary and residual source of power available to the Supreme Court to ensure due process and do complete justice between the parties.
The same year, in Delhi Judicial Service Association v. It was again recognised in Supreme Court Bar Association v. But this judgment is equally important for establishing the limits of that power.
