Previous Year Question
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?
The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
The Supreme Court of India is not constrained in the exercise of its powers by laws made by Parliament.
In the event of a grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.
Correct Answer: B
Detailed Solution
The statement in the question concerns the Supreme Court’s constitutional power to do complete justice under Article 142.
Article 142(1)
The Supreme Court may pass any decree or make any order necessary for doing complete justice in any cause or matter pending before it.
Such a decree or order:
Is enforceable throughout the territory of India.
Is enforced in the manner prescribed by a law made by Parliament.
Until such a parliamentary law is made, may be enforced in the manner prescribed by an order of the President.
Since the power under Article 142 flows directly from the Constitution, a provision contained in ordinary parliamentary legislation cannot extinguish or limit this constitutional power in the same manner as it may limit a purely statutory power.
Article 142(2)
Subject to a law made by Parliament, the Supreme Court possesses power throughout India concerning:
Securing the attendance of any person;
Discovery or production of documents; and
Investigation or punishment of contempt of itself.
Is Article 142 an unlimited power?
Article 142 does not grant arbitrary or unlimited authority to the Supreme Court.
It is exercised in a cause or matter pending before the Court.
Its purpose is to do complete justice.
It cannot be exercised contrary to express constitutional provisions, Fundamental Rights or the Basic Structure.
The Supreme Court has clarified that Article 142 may supplement the law, but it ordinarily cannot be used to extinguish substantive legal rights or completely replace a substantive statutory framework.
Option (b) must therefore be understood in this limited constitutional sense.
Why are the other options incorrect?
Option (a): Decisions of the Election Commission are not completely immune from judicial review. Article 329 specifically regulates judicial intervention in the electoral process, but action that is unconstitutional, mala fide or without jurisdiction may remain reviewable.
Option (c): A Financial Emergency is proclaimed by the President under Article 360, but the President acts on the aid and advice of the Union Council of Ministers under Article 74.
Option (d): The legislative competence of State Legislatures is governed by Articles 245 and 246, the Seventh Schedule and other related provisions. It is not a consequence of Article 142.