Article 142 of Constitution
Question
With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Options
The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
Explanation
Article 142 of the Indian Constitution grants the Supreme Court the power to exercise jurisdiction for 'complete justice' in any dispute or case. This means the SC can issue any order or direction to ensure justice, and such constitutional power cannot be limited by ordinary laws enacted by Parliament. Option (a) is incorrect because ECI decisions can be challenged before courts. Option (c) is wrong because Financial Emergency declaration requires Cabinet counsel as per Article 360. Option (d) relates to the division of legislative powers in the Constitution and is not about Article 142. Option (b) correctly interprets that Article 142's constitutional power is supreme and not constrained by ordinary parliamentary laws. > Article 142: The Supreme Court can issue orders for complete justice, supreme to ordinary law constraints. Answer: b.
Question details
Year
2019
Paper
GS Paper 1
Question
Q52
Subject
Polity
Sub-topic
Constitutional Powers of Supreme Court
Type
Factual single
Difficulty
Hard
Nature
Static
Source hint
NCERT Polity Ch.5 - Judiciary
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