Question Details

With reference to the Constitution of India, prohibition 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?

Options

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.

Show Answer

Correct Answer :

Option B

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

Solution :

The correct answer is: The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.


Explanation:

1. Understanding Article 142:
Article 142 of the Constitution of India provides the Supreme Court with broad inherent powers to pass any decree or make any order necessary for doing "complete justice" in any cause or matter pending before it.


2. Primacy of Constitutional Powers over Ordinary Laws:
The statement "prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142" signifies that statutory provisions passed by Parliament or State Legislatures cannot override or limit the plenary powers granted to the Supreme Court directly by the Constitution.


3. Conclusion:
Thus, while exercising its powers under Article 142 to deliver complete justice, the Supreme Court is not bound or constrained by ordinary statutory limitations created by Parliament.

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