Prelims 2019 · Polity and Constitution · Question 32
With reference to the Constitution of India, prohibition 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?
Answer
The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
- (a) Incorrect. Article 142 concerns the Supreme Court’s power to do complete justice; it has nothing to do with making Election Commission decisions immune from judicial review. ECI decisions can be challenged subject to constitutional limits.
- (b) Correct. The statement means that ordinary laws cannot curtail the Supreme Court’s constitutional power under Article 142 to pass orders necessary for complete justice, though this power is exercised within the constitutional framework.
- (c) Incorrect. Financial Emergency under Article 360 can be proclaimed by the President only on the aid and advice of the Council of Ministers under Article 74; Article 142 is irrelevant here.
- (d) Incorrect. This refers to the distribution of legislative powers and situations requiring parliamentary sanction/concurrence, not to Article 142.
Answer: (b)