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
Explanation
The correct answer is B. Article 142 empowers the Supreme Court, so the statement means that ordinary laws made by Parliament cannot limit the Court's power under it.
Article 142 allows the Supreme Court to pass any decree or order needed to do 'complete justice' in any case before it, and such orders can be enforced throughout India. In Union Carbide v. Union of India (1991), the Bhopal gas case, the Court held that prohibitions in ordinary statutes do not restrict this constitutional power. The Court has used Article 142 to dissolve marriages, order the release of A. G. Perarivalan, and frame guidelines where laws were silent, though it may not override express constitutional provisions.
A is wrong because Article 142 is about the Supreme Court, and Election Commission decisions can be challenged in court. C is wrong because a financial emergency under Article 360 needs the advice of the Council of Ministers. D is wrong because it describes the federal division of powers, not Article 142.
Exam tip: Article 142 = Supreme Court's power to do 'complete justice'; Article 141 = its law binds all courts.
Practice Questions
View allWhich one of the following statements is correct as per the Constitution of India?
- A.Inter-State trade and commerce is a State subject under the State List.
- B.Inter-State migration is a State subject under the State List.
- C.Inter-State quarantine is a Union subject under the Union List.
- D.Corporation tax is a State subject under the State List.
Show answer
Inter-State quarantine is a Union subject, listed with inter-State migration in entry 81 of the Union List. The Seventh Schedule divides legislative subjects into the Union List, the State List and the Concurrent List.
Read the full explanation →Which of the following statements are correct about the Constitution of India?
1. Powers of the Municipalities are given in Part IX A of the Constitution.
2. Emergency provisions are given in Part XVIII of the Constitution.
3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution.
Select the answer using the code given below:
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show answer
All three statements match the Parts of the Constitution correctly. Part IX A, Articles 243P to 243ZG, was added by the 74th Amendment Act, 1992 and deals with the Municipalities, including their powers and functions under Article 243W and the Twelfth Schedule.
Read the full explanation →Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
- A.Third Schedule
- B.Fifth Schedule
- C.Ninth Schedule
- D.Twelfth Schedule
Show answer
The Fifth Schedule governs the administration of Scheduled Areas and allows the Governor to stop the transfer of tribal land.
Read the full explanation →The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages?
1. Konkani
2. Manipuri
3. Nepali
4. Maithili
Select the correct answer using the code given below:
- A.1, 2 and 3
- B.1, 2 and 4
- C.1, 3 and 4
- D.2, 3 and 4
Show answer
The 71st Amendment of 1992 added Konkani, Manipuri and Nepali to the Eighth Schedule. The Eighth Schedule lists the languages recognised by the Constitution.
Read the full explanation →Which among the following is not correct?
- A.Legislation on criminal law, barring exceptions, is a subject under the Concurrent List.
- B.Bankruptcy and Insolvency are subjects under the Concurrent List.
- C.Inter-State trade and commerce is a subject under the State List.
- D.Banking is exclusively under the Union List.
Show answer
Trade and commerce between States is Entry 42 of the Union List, so it is wrong to place it in the State List.
Read the full explanation →