Q1. Consider the following statements regarding Article 142 of the Constitution and supernumerary posts:
- Article 142 empowers the Supreme Court to make orders necessary for doing complete justice in a matter before it.
- A supernumerary post necessarily increases the permanent sanctioned strength of the relevant cadre.
- Creation of supernumerary posts can be used to accommodate specified beneficiaries without displacing persons already occupying sanctioned posts.
- Invocation of Article 142 automatically permits the Supreme Court to disregard every statutory or constitutional limitation applicable to a case.
Which of the statements given above are correct?
(a) 1 and 3 only
(b) 1 and 2 only
(c) 2 and 4 only
(d) 1, 3 and 4 only
Answer: (a)
Explanation:
- Statement 1 — Correct: Article 142 enables the Supreme Court to pass orders necessary for securing “complete justice” in a matter pending before it.
- Statement 2 — Incorrect: A supernumerary post is created in addition to the sanctioned strength, generally for a specific purpose; it does not necessarily mean a permanent expansion of the regular cadre.
- Statement 3 — Correct: Such posts can accommodate specific candidates/employees while avoiding displacement of those already holding sanctioned posts. This is particularly relevant to the Court's direction concerning candidates allegedly affected by the earlier creamy-layer classification.
- Statement 4 — Incorrect: Article 142 is a broad remedial power, but it is not an unrestricted power to disregard constitutional or statutory provisions.
