GS PrelimsPolityJudiciary Powers2019

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.

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.

Correct Answer: Option B

Explanation

1. Article 142 of the Constitution of India grants the Supreme Court discretionary power to pass such decree or make such order as is necessary for doing 'complete justice' in any cause or matter pending before it. 2. The statement in the question highlights a key aspect of this power: the constitutional powers vested under Article 142 are extraordinary and cannot be curtailed by prohibitions, limitations, or provisions found in ordinary laws enacted by the legislature (e.g., laws made by the Parliament). 3. Option (B) correctly interprets this principle by stating that the Supreme Court of India is not constrained in the exercise of its powers (under Article 142) by laws made by the Parliament. 4. Option (A) is incorrect; decisions of the Election Commission are generally subject to judicial review, though the scope might be limited. 5. Option (C) is incorrect; the procedure for declaring a Financial Emergency (Article 360) requires the President to act on the aid and advice (counsel) of the Cabinet. 6. Option (D) relates to legislative relations between the Union and States, not the scope of Article 142.

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