Question map
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?
Explanation
The correct answer is option B because Article 142(1) empowers the Supreme Court to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it[2]. This plenary power means that the Supreme Court is not bound by ordinary statutory provisions when exercising its jurisdiction under Article 142. The question's reference to "prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142" directly relates to this interpretative principle—the Supreme Court's constitutional powers transcend restrictions imposed by Parliament-made laws.
Option A is incorrect because a member approached the High Court of Delhi against the Order of the Election Commission, and the High Court stayed the operation of the Election Commission's Order[3], demonstrating that Election Commission decisions can be judicially reviewed. Option C is wrong because the President shall in exercise of his functions, act in accordance with the advice of the Council of Ministers[4]. Option D merely describes the federal distribution of legislative powers, not Article 142's scope.
Sources- [1] https://www.mea.gov.in/Images/pdf1/Part5.pdf
- [2] https://media.unesco.org/sites/default/files/webform/r2e002/eebbc4ba620b7e9dd1373abec25dee150cf7bd54.pdf
- [3] https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/30-85/CHAPTER3.pdf
- [4] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/pm_legislation2013.pdf
PROVENANCE & STUDY PATTERN
Guest previewThis is a classic 'Elimination by Absurdity' question. While the correct answer (B) relies on specific jurisprudence (Union Carbide case principle), options A, C, and D are blatant violations of basic Polity concepts (Judicial Review, Cabinet System, Federalism). You didn't need to know the depth of Article 142 to solve this; you just needed to know that the President, EC, and States are not dictators.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under the Constitution of India, are decisions of the Election Commission of India immune from challenge in any court of law?
- Statement 2: Does Article 142 of the Constitution of India provide that the Supreme Court is not constrained in the exercise of its powers by laws made by Parliament?
- Statement 3: Under the Constitution of India, can the President declare a Financial Emergency (Article 360) unilaterally without the advice or concurrence of the Union Council of Ministers?
- Statement 4: Under the Constitution of India, are State Legislatures prohibited from making laws on certain subjects without the concurrence or sanction of the Union Legislature (Parliament)?
- Describes a member who approached the High Court of Delhi against an Order of the Election Commission.
- Records that the High Court stayed the operation of the Election Commission’s Order, showing a court exercised jurisdiction over an EC decision.
- Sets out the constitutional vesting of all elections in the Election Commission of India and its composition.
- The constitutional text reproduced contains no language granting EC decisions immunity from judicial challenge (provides role but not immunity).
States Article 329 bars courts' jurisdiction over 'decision of such disputes' relating to election of members and says election questions can be agitated only by an election petition.
A student could check the exact scope of Article 329 and whether 'decisions of the Election Commission' are covered by 'such disputes' or limited to election petitions concerning returned candidates.
Explains a similar bar for State Election Commissions: courts cannot examine validity of certain laws and municipal elections can be challenged only by prescribed election petitions.
Compare the wording and scope of Article 243K/243ZA (state-level) with Article 324/329 to see if the immunity pattern at state/local level parallels the national EC.
Defines Article 324's grant of 'superintendence, direction and control' to the Election Commission, highlighting its decisive role in election matters.
Use this to ask whether constitutional vesting of powers in the EC implies exclusivity from judicial review, and then inspect constitutional text/cases limiting or clarifying that exclusivity.
Records that rules for distribution of work in an Act concerning Election Commissioners were challenged in the Supreme Court and the Court issued directions and settled the matter.
A student could use this example to investigate precedents where courts have entertained challenges touching the Election Commission, to see limits of alleged immunity.
States the Supreme Court and High Courts have power of judicial review to declare executive actions unconstitutional.
Combine this general judicial-review principle with Article 329/324 texts to test whether the courts' power is expressly excluded for EC actions or only limited in specific contexts.
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