COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Bhopal Disaster

UNION CARBIDE CORPORATION v. UNION OF INDIA (BHOPAL CASE - III)

AIR 1992 SC 248 RANGANATH MISRA C. J., K.N. SINGH, M. N. VENKATACHALLIAH, A.M. AHMADI and N. D. OJHA, JJ.

Introduction

Several Writ Petitions and Review Petitions were filed in the Supreme Court under Articles 32 and 137 respectively, of the Constitution, challenging the constitutionality, legal validity, propriety and fairness of the settlement in the mass tort action filed on behalf of the victims of the Bhopal gas leak. It was contended on behalf of the Appellant that prohibitions, limitations or provisions contained in ordinary law, irrespective of the importance of public policy on which it is founded, ipso facto act as prohibitions or limitations on the constitutional powers under Article 142 of the Indian Constitution.

Legal Framework

Constitution of India Articles 32, 137 and 142.

Held

The Supreme Court rejecting such a contention said that in exercising powers under Article 142 of the Constitution and in assessing the needs of "complete justice" of a cause or matter, the apex court will take note of the express prohibitions in any substantive statutory provision based on fundamental principles of public policy and regulate the exercise of its power and discretion accordingly.