QUESTION

GS

Medium

Indian Polity

Prelims 2019

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?

Select an option to attempt

Explanation

Article 142 of the Constitution grants the Supreme Court the plenary power to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it. This power is unique because it is not subject to limitations or prohibitions contained in ordinary laws (statutes) enacted by Parliament. The Supreme Court has held (e.g., in the Union Carbide case) that while this power cannot be used to bypass express constitutional provisions, it is not restricted by statutory provisions.

Why other options are incorrect:

  • Option A: Article 329 places certain restrictions on court interference in electoral matters (like delimitation), but it does not grant the Election Commission absolute immunity from judicial review, nor does it relate to Article 142.
  • Option C: Under Article 74, the President must act on the 'aid and advice' of the Council of Ministers. This requirement applies to the declaration of a Financial Emergency under Article 360; the President cannot act independently.
  • Option D: This describes the federal distribution of legislative powers under Articles 245 to 254 and the Seventh Schedule, which governs the relationship between the Union and State legislatures, not the judicial powers of the Supreme Court.

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