Under the discretionary power of which Article of the Indian Constitution did the SC of India recognise sex work as a profession?
- A.Article 142
- B.Article 140
- C.Article 141
- D.Article 143
Correct answer
Explanation
The correct answer is Article 142. It allows the Supreme Court, in exercising its jurisdiction, to pass any decree or make any order necessary for doing "complete justice" in any case or matter pending before it. It is a unique power that lets the Court fill gaps where the law is silent. In 2022, in Budhadev Karmaskar v. State of West Bengal, the Court used it to issue directions recognising sex work as a profession and ordering the police not to harass consenting adult sex workers. It also relied on Article 142 in the Ayodhya judgment of 2019 to direct that five acres of land be given for a mosque.
The other options are the Articles around it. Article 140 lets Parliament confer supplementary powers on the Court. Article 141 makes the law declared by the Court binding on all courts. Article 143 is the President's power to seek the Court's advice. Because Article 142 is so broad, critics say the Court should use it sparingly, but for exams remember it with two words: "complete justice".
Read the full article: Supreme Court and High Courts of India: Notes, Articles and PYQs
Practice Questions
View allIn 1950, besides the chief justice of India, what was the number of other judges in the Supreme Court of India?
- A.Six
- B.Eight
- C.Seven
- D.Five
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When the Supreme Court began in 1950, Article 124(1) provided for a Chief Justice of India and not more than seven other judges, eight in all, "until Parliament by law prescribes a larger number".
Read the full explanation →According to a provision in Article 124 of the Constitution of India, a Supreme Court judge can hold office till the age of ______ years.
- A.62
- B.60
- C.65
- D.67
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Article 124(2) says a judge of the Supreme Court shall hold office until he or she attains the age of 65 years.
Read the full explanation →A judge of the Supreme Court can be removed only on the grounds of ______.
- A.disrespect of the Constitution
- B.proven misbehaviour or incapacity
- C.murder charges
- D.lack of knowledge
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Under Article 124(4), a judge of the Supreme Court can be removed by an order of the President only after each House of Parliament, in the same session, presents an address supported by a majority of its total membership and by two-thirds of the members present and voting, on the…
Read the full explanation →Under which jurisdiction of the Supreme Court the dispute between the centre and states are included?
- A.Original Jurisdiction
- B.Appellate Jurisdiction
- C.Advisory Jurisdiction
- D.Residuary Jurisdiction
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Under Article 131, the Supreme Court alone can hear, as a court of first instance, disputes between the Government of India and one or more States, between the Government of India and a State on one side and other States on the other, or between two or more States.
Read the full explanation →Which of the following articles of the Indian Constitution mentions the Supreme Court as a court of record?
- A.Article 129
- B.Article 123
- C.Article 127
- D.Article 125
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It declares that the Supreme Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.
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