Question 61 from UPSC CSE 2019 - Polity & Governance

Question

With reference to the Constitution of India, prohibitions, 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?

IASCODEX · Accepted Answer

Correct Option: B. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament

Strategy: Identify the core of Article 142: it empowers the Supreme Court to ensure 'complete justice' unrestricted by provisions of ordinary law. The question asks for an option that reflects this constitutional supremacy. Option B directly captures this by stating that the Supreme Court is not limited by laws made by Parliament when exercising Article 142 powers. The other options either misconstrue Article 142 or relate to unrelated constitutional provisions or authorities.

Key Info: Article 142 of the Constitution of India empowers the Supreme Court to pass any order necessary for doing 'complete justice' in any pending matter. The provision is unique in granting the Supreme Court broad discretionary and residual powers, often overriding, supplementing, or filling gaps left by statutory law. Orders under Article 142 are enforceable throughout India. This Article has been invoked in exceptional circumstances:
- In the Union Carbide (Bhopal Gas Tragedy) case, the Supreme Court awarded compensation exceeding the statutory maximums laid down by ordinary laws, prioritizing complete justice for affected parties.
- It was used to appoint the Lokayukta in Uttar Pradesh when the state machinery failed.
- The Court has passed orders constituting committees (such as the R.M. Lodha Committee for MCI), transferring cases across jurisdictions (e.g., in the Babri Masjid demolition case), and issuing nationwide bans (e.g., banning the sale of alcohol within a defined radius of highways).
- Orders have sometimes been issued to create or implement new schemes, such as the Witness Protection Scheme (2018).

Article 142 is not an unlimited power—it is exercised judiciously and cannot violate basic constitutional provisions such as the fundamental rights. However, it establishes that limitations or prohibitions in ordinary laws are not, by themselves, constraints on the Supreme Court's constitutional authority under Article 142.

Other options:
- (A) refers to the Election Commission, which is governed by different constitutional articles (324-329) and not by Article 142.
- (C) relates to the declaration of Financial Emergency (Article 360), which mandates Cabinet advice, not unilateral Presidential action.
- (D) concerns the legislative relationship between state and union legislatures—not pertinent to Article 142 or Supreme Court powers.

IASCODEX · Answer

Option A: The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law

IASCODEX · Answer

Option C: In the event of a grave financial crisis in the country, the President of India can declare a Financial Emergency without the council from the Cabinet

IASCODEX · Answer

Option D: State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature