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?
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.
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC IAS – 2019
– The phrase “prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142” means that the Supreme Court’s power to do complete justice under this article is not limited by existing statutory law. The court can, in certain circumstances, deviate from the provisions of ordinary law if it deems necessary to achieve complete justice in a specific case.
– Option A is incorrect; ECI decisions can be challenged in courts under certain circumstances.
– Option C is incorrect; the power to declare financial emergency by the President requires consultation with the Cabinet.
– Option D is incorrect; this relates to the distribution of legislative powers between Union and States and concurrence is required only in specific instances mentioned in the Constitution.
– Option B accurately reflects the principle that the Supreme Court’s inherent power under Article 142 to ensure complete justice can override the constraints of ordinary statutory law when necessary.