 bill no 158 of 2018 the constitution (amendment) bill, 2018 byshri bhartruhari mahtab, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of  india as follows:— 1 (1) this act may be called the constitution (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointof article 142"provided that such decree or order, [etc under this clause] shall be passed or made by a bench consisting of not less than five judges of the supreme courtprovided further that the supreme court shall not, in exercise of its powers under5provided also that where a decree or order has been passed or made by the supreme court on a subject in respect of which no statutory provision has been made by the competent legislature and decree or order shall remain in operation till the competent legislature exercises its power to make statutory provision on that subject and, if the statutory provision so made is inconsistent with the decree or order passed or made by the supreme court or made "the statutory provision shall prevail notwithstanding such inconsistency"" statement of objects and reasonsarticle 142 of the constitution confers upon the supreme court the power to pass decrees and make orders for doing complete justice the amplitude of the power under the article has been construed widely by various judicial pronouncements the fact that only the supreme court and not the high courts have been given this power, places the supreme court as the sole repository of such wide-ranging powersthe supreme court has made ample use of this overarching power however, the directions issued in exercise of this power have often trespassed into the domain of the legislature and thus transgressed the established principle of separation of powers, now proclaimed as a basic feature of the constitution not only has the court issued directions that ideally belong to the functions of the legislature, but the court has also made orders which contradict and run contrary to the existing statutory provisionsin order to restore the balance between the judiciary and the legislature, it is necessary that the scope of power of the supreme court under article 142, as interpreted by the court itself, is restrained in order to prevent any encroachment on the legislative domaintowards this end, the bill seeks to amend article 142 with a view to provide that—(a) a decree or order, etc passed and made under article 142 shall be issued only by a bench consisting of not less than five judges of the supreme court;(b) the supreme court shall not issue an order overriding an express statutory provision;(c) the directions under article 142 shall be in operation only till the competent legislature has not made any statutory provisions on the subject; and(d) the competent legislature shall have express powers to override any directions issued under article 142 of the constitution hence this billnew delhi;bhartruhari  mahtabjuly 10, 2018 annexure extract from the constitution of india    enforcement of decrees and orders of supreme court and orders as to discovery, etc142 (1) the supreme court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of india in such manner as may be prescribed by or under any law made by parliament and, until provision in that behalf is so made, in such manner as the president may by order 1 prescribe  ———— a billfurther to amend the constitution of india————(shri bhartruhari mahtab, mp)mgipmrnd—1839ls(s3)—12-10-2018