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Abstract

If there is one article of the Constitution which has been the focus of attention within the legal community in recent years, it is Article 142. This provision of the Constitution is being increasingly resorted to by the apex court in all matters before it, where there is a need for judicial activism. Though one cannot object to the use of a power granted by the Constitution, one is really surprised that this article has neither attracted views of legal scholars in recent times, nor did it provoke any great debate in the Constituent Assembly. Interestingly, a factor to note is that the number of times this article has been resorted to in the late eighties and the nineties is more than in the entire period from 1950 to the early 1980s. " It is this trend which provokes one to probe into Article 142.

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