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Judicial Intervention and the Scope of Article 142: Balancing Protest Rights and Legal Accountability

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The Supreme Court has signaled its intent to utilize Article 142 to quash FIRs against students protesting NEET-UG irregularities, while simultaneously establishing a high-powered committee to investigate systemic failures and police conduct.

The Supreme Court’s recent decision to invoke its extraordinary powers under Article 142 of the Constitution to quash First Information Reports (FIRs) against students protesting the NEET-UG paper leaks marks a significant moment in the discourse on the right to dissent and judicial activism. Article 142, which grants the Supreme Court the power to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it, is increasingly being viewed as a tool for correcting administrative overreach in the context of civil unrest. In this instance, the Court’s intervention serves a dual purpose: providing relief to students who faced legal repercussions for exercising their democratic right to protest, and addressing the underlying systemic issues within the examination process. By proposing a high-powered committee, the judiciary is not merely acting as a dispute resolution mechanism but is also stepping into the realm of administrative oversight to ensure accountability. This move highlights the tension between the state’s duty to maintain law and order and the citizens' fundamental right to peaceful assembly and expression.

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