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?
- (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
- (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament. ✓ UPSC's answer
- (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
- (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
Why the answer is (b)
• Article 142 empowers the Supreme Court to pass any decree or order necessary for doing 'complete justice' in any matter before it.
• The Court has held (e.g. Union Carbide, 1991; Supreme Court Bar Association, 1998) that ordinary statutes cannot limit this constitutional power, though it cannot override express constitutional provisions or substantive law's fundamental rights.
• So the statement means the Supreme Court is not constrained by parliamentary laws in exercising Article 142 — option (b).
• Options (a), (c) and (d) concern the Election Commission, Financial Emergency and legislative competence, none of which is Article 142.
• Hence option (b).
Why the other options are wrong
- (a) The decisions taken by the Election Commission of India while discharging its duties…
- Election Commission decisions are challengeable; unrelated to Article 142.
- (c) In the event of grave financial crisis in the country, the President of India can declare…
- Financial Emergency needs Cabinet advice; unrelated to Article 142.
- (d) State Legislatures cannot make laws on certain matters without the concurrence of Union…
- Legislative competence is a Seventh Schedule matter, not Article 142.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2019, held on 2 June 2019. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.