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.
Correct 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.
Explanation
Option (b) is correct because Article 142 confers plenary power on the Supreme Court to pass any decree or order necessary for doing "complete justice," which the Court has held cannot be limited by prohibitions or provisions contained in ordinary statutory laws. Option (a) is a common distractor but is incorrect as the decisions of the Election Commission are subject to judicial review and are not shielded by Article 142. The core concept being tested is the **extraordinary constitutional jurisdiction of the Supreme Court** to ensure equity and justice independent of legislative constraints.
JudiciarySupreme Court Powers and JurisdictionArticle 142Supreme Court of IndiaComplete JusticeParliament