Today, the Supreme Court dismissed a writ petition seeking to empower High Courts with authority akin to the Supreme Court’s powers under Article 142 of the Constitution, which allows the apex court to pass orders necessary to do “complete justice.”

The Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan observed that the relief sought was fundamentally flawed. "The prayer made in this petition is completely misconceived. The power conferred under Article 142 of the Constitution is only on this Court and not on the High Courts," the Bench stated.

The petitioner, Pankaj K. Phadnis, appeared in person and urged the Court to interpret the Constitution so as to extend Article 142-like powers to the High Courts. However, Justice Oka pointed out that such a move would require a constitutional amendment, which lies outside the jurisdiction of the judiciary. “We can strike down a provision of the Constitution, but we cannot amend it,” he said. “This prayer is not capable of being granted.”

Phadnis submitted that a Constitution Bench could be constituted to consider the issue, to which the Court responded that even a Constitution Bench lacks the power to amend the Constitution. When the petitioner asked, “Where do I go?”, Justice Oka replied, “You go to Parliament. We can't amend the Constitution.”

The petitioner also argued that Article 226, which empowers High Courts to issue certain writs, could be interpreted to mirror Article 142. This suggestion too was rejected by the Court.

Further, the Court declined to issue any direction to the High Court to adjudicate the petitioner’s writ petition using Article 142 principles. “We cannot allow the High Court to exercise powers exclusive to this Court under Article 142 while deciding a petition filed under Article 226 of the Constitution of India,” the Bench noted.

Rejecting all requests, including the appointment of an amicus curiae or referral to a larger bench, the Court concluded that the petition lacked merit and proceeded to dismiss it.

Case Title: Abhinav Bharat Congress v. Union of India & Ors.
Case Number: W.P.(C) No. 395/2025