(1.) "We have upon us the whole armour of the Constitution and walk henceforth in its enlightened ways, wearing the breast plate of its protecting provisions and flashing the flaming sword of its inspiration."
(2.) The eloquent words quoted above were expressed by Justice Vivian Bose in a speech in 1954. He was one of the Justices, who for the first time took oath and assumed office in the Supreme Court of India on 26th January, 1950. The 'flaming sword' that Justice Bose contemplated is in article 142 of Indian constitution for "Enforcement of decrees, order of Supreme Court and orders as to discovery etc." corresponding to article 104 of our constitution which reads as under:
(3.) It empowers this court in exercise of its jurisdiction to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. No other court has this power. It has conferred the power deliberately on this highest court of the country to stress that obviously the fountain of justice under the constitution is the apex court and on some rare occasions when any enacted law diverts the true course of justice, power is vested in this court and this court alone, to make such orders as are necessary in the interest of justice. This is what the Founders of our constitution intended. This is the trust reposed by the Founding Fathers upon the highest court of the nation.
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