States and Municipal Authorities Supporting Directions — (2026) 1 SCC 774
The directions issued by this Court are necessary to protect public safety under Article 21.
In Re: City Hounded by Strays, Kids Pay Price — (2026) 1 SCC 774Core Argument
The directions issued by this Court are necessary to protect public safety under Article 21. Rule 11(19) of the ABC Rules, 2023 cannot be interpreted to mandate the presence of stray dogs in sensitive institutional areas such as schools and hospitals. The Court's exercise of power under Article 142 is valid and necessary to remedy systemic administrative failure.
Key Precedents
- Union Carbide Corporation v. Union of India (1991) 4 SCC 584 — Constitution Bench affirmed the plenary nature of Article 142 powers, holding that prohibitions in ordinary laws cannot ipso facto act as limitations on constitutional powers.
- Shilpa Sailesh v. Varun Sreenivasan (2023) 14 SCC 231 — Constitution Bench held that Article 142 powers can be exercised to modulate statutory application consistent with constitutional values, as long as the order is not plainly and expressly barred by statutory provisions based on fundamental principles of public policy.
- Supreme Court Bar Association v. Union of India (1998) 4 SCC 409 — Constitution Bench held that Article 142 powers are curative and cannot be used to supplant substantive law, but can be exercised to balance equities and iron out creases.
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BENCH QUESTION
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