UPSC Previous Year Question | Prelims GS | 2019

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?

  1. The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
  2. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
  3. In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
  4. State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

Answer

Correct Answer

The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

Explanation

Article 142 empowers the Supreme Court to pass any decree or order necessary for doing complete justice in a matter before it. If ordinary laws cannot limit this constitutional power, it means the Supreme Court is not constrained by laws made by Parliament when exercising it.

Topics: article 142 - complete justice, judiciary, polity, powers of the supreme court