{"id":91672,"date":"2025-06-01T11:02:21","date_gmt":"2025-06-01T11:02:21","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=91672"},"modified":"2025-06-01T11:02:21","modified_gmt":"2025-06-01T11:02:21","slug":"with-reference-to-the-constitution-of-india-prohibitions-or-limitatio","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-the-constitution-of-india-prohibitions-or-limitatio\/","title":{"rendered":"With reference to the Constitution of India, prohibitions or limitatio"},"content":{"rendered":"

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?<\/p>\n

[amp_mcq option1=”The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.” option2=”The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.” option3=”In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.” option4=”State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.” correct=”option2″]<\/p>\n

\n
\n
This question was previously asked in<\/div>\n
UPSC IAS – 2019<\/div>\n<\/div>\n
Download PDF<\/a>Attempt Online<\/a><\/div>\n<\/div>\n
\nThe given statement implies that the Supreme Court of India is not constrained in the exercise of its powers under Article 142 by laws made by the Parliament.
\n<\/section>\n
\n– The statement refers to the scope of the Supreme Court’s power under Article 142 of the Constitution. Article 142 grants the Supreme Court the power to pass any decree or order necessary for doing ‘complete justice’ in any cause or matter pending before it.
\n– 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.
\n– Option A is incorrect; ECI decisions can be challenged in courts under certain circumstances.
\n– Option C is incorrect; the power to declare financial emergency by the President requires consultation with the Cabinet.
\n– 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.
\n– 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.
\n<\/section>\n
\nThe power under Article 142 is a discretionary power and has been used by the Supreme Court in various situations, such as ordering pavement dwellers’ rehabilitation, dissolving irretrievably broken marriages, or issuing directions to fill lacunae in existing laws. However, the Court has also cautioned against the excessive use of this power and has held that it cannot be used to supplant the law or to pass orders contrary to express provisions of substantive law.
\n<\/section>\n","protected":false},"excerpt":{"rendered":"

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? [amp_mcq option1=”The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in … <\/p>\n

Detailed SolutionWith reference to the Constitution of India, prohibitions or limitatio<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1092],"tags":[1119,1099,1180],"class_list":["post-91672","post","type-post","status-publish","format-standard","hentry","category-upsc-ias","tag-1119","tag-indian-polity-and-governance","tag-the-supreme-court","no-featured-image-padding"],"yoast_head":"\nWith reference to the Constitution of India, prohibitions or limitatio<\/title>\n<meta name=\"description\" content=\"The given statement implies that the Supreme Court of India is not constrained in the exercise of its powers under Article 142 by laws made by the Parliament. - The statement refers to the scope of the Supreme Court's power under Article 142 of the Constitution. Article 142 grants the Supreme Court the power to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it. - 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.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-the-constitution-of-india-prohibitions-or-limitatio\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"With reference to the Constitution of India, prohibitions or limitatio\" \/>\n<meta property=\"og:description\" content=\"The given statement implies that the Supreme Court of India is not constrained in the exercise of its powers under Article 142 by laws made by the Parliament. - The statement refers to the scope of the Supreme Court's power under Article 142 of the Constitution. Article 142 grants the Supreme Court the power to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it. - 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.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-the-constitution-of-india-prohibitions-or-limitatio\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T11:02:21+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"With reference to the Constitution of India, prohibitions or limitatio","description":"The given statement implies that the Supreme Court of India is not constrained in the exercise of its powers under Article 142 by laws made by the Parliament. - The statement refers to the scope of the Supreme Court's power under Article 142 of the Constitution. Article 142 grants the Supreme Court the power to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it. - 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.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-the-constitution-of-india-prohibitions-or-limitatio\/","og_locale":"en_US","og_type":"article","og_title":"With reference to the Constitution of India, prohibitions or limitatio","og_description":"The given statement implies that the Supreme Court of India is not constrained in the exercise of its powers under Article 142 by laws made by the Parliament. - The statement refers to the scope of the Supreme Court's power under Article 142 of the Constitution. Article 142 grants the Supreme Court the power to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it. - 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.","og_url":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-the-constitution-of-india-prohibitions-or-limitatio\/","og_site_name":"MCQ and Quiz for Exams","article_published_time":"2025-06-01T11:02:21+00:00","author":"rawan239","twitter_card":"summary_large_image","twitter_misc":{"Written by":"rawan239","Est. reading time":"2 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-the-constitution-of-india-prohibitions-or-limitatio\/","url":"https:\/\/exam.pscnotes.com\/mcq\/with-reference-to-the-constitution-of-india-prohibitions-or-limitatio\/","name":"With reference to the Constitution of India, prohibitions or limitatio","isPartOf":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#website"},"datePublished":"2025-06-01T11:02:21+00:00","dateModified":"2025-06-01T11:02:21+00:00","author":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209"},"description":"The given statement implies that the Supreme Court of India is not constrained in the exercise of its powers under Article 142 by laws made by the Parliament. - The statement refers to the scope of the Supreme Court's power under Article 142 of the Constitution. 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