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 principleβthe 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
Full viewThis 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 Commissionβs 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.
Suggests a general rule: 'prohibitions or limitations in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142.'
A student could compare this general rule with the exact text of Article 142 and with statutes to see whether courts have treated Article 142 as overriding parliamentary laws.
States that Article 136's discretionary power can be exercised 'in spite of other provisions for appeal contained in the Constitution, or any other law' β shows precedent that certain supreme-court constitutional powers operate despite other laws.
Use this pattern (Article 136) as an analogy: check whether jurisprudence treats Article 142 similarly by reviewing case law or doctrine applying Article 142.
Says under Article 142 the Supreme Court 'can grant appropriate relief for doing complete justice' and lists circumstances (manifest illegality, want of jurisdiction, palpable injustice) suggesting broad remedial power.
A student can test whether 'complete justice' remedies have been applied over statutory limits by examining reported instances where Article 142 remedies overrode statutory provisions.
Notes a concrete limitation: the Supreme Court's rule-making power is 'subject to the laws made by Parliament', indicating that some court powers are expressly constrained by parliamentary legislation.
Use this as a counter-pattern: check whether Article 142 contains any similar 'subject to' language or whether statutes explicitly limit Article 142 to evaluate the claim.
States Parliament 'has the power to make laws regulating the Supreme Court' and that the Court is 'subject to such legislation' in certain contexts, showing Parliament's regulatory competence over court organization.
A student could investigate whether Parliament has enacted laws that explicitly curtail remedies under Article 142 or whether courts have treated such legislation as subordinate to Article 142.
- Contains the constitutional provision that the President must act in accordance with the advice of the Council of Ministers.
- Shows the President can only ask the Council to reconsider advice and must follow the advice after reconsideration, indicating no unilateral power to act against ministerial advice.
- States the government's view that there was no provision allowing the President to disregard the Council of Ministers.
- Notes the Constitution (Forty-second Amendment) explicitly provided that the President shall, in exercise of his functions, act in accordance with the advice of the Council of Ministers.
Says Article 360 empowers the President to proclaim a Financial Emergency when 'she is satisfied' that financial stability is threatened and notes historical amendments affecting the finality of the President's satisfaction.
A student could combine this wording ('satisfied') with knowledge of Article 74 (ministerial advice) to ask whether 'satisfaction' is a purely presidential subjective power or normally exercised on ministerial advice.
States plainly that 'The President can proclaim financial emergency if he/she is satisfied...' and lists powers the President may issue during such emergency.
Use this explicit statutory phrasing together with the constitutional convention that the President acts on Council of Ministers' aid and advice to probe if proclamation is an executive-matter requiring ministerial concurrence.
Discusses limits/exceptions to the rule that the President must act on ministerial advice (e.g., brief period when choosing a new PM may permit acting without advice).
A student can extend this pattern to ask whether any such exception exists for Article 360βi.e., is proclamation of financial emergency a situation where President may act independently under constitutional practice?
Notes a specific historic exception (J&K) where certain emergencies could not be declared without the State's concurrence, showing that the constitution contemplates special procedural rules for emergencies.
A student could infer that procedural/consensual requirements for emergency declarations can vary and thus investigate whether Article 360 imposes required concurrence/advice in the normal Union context.
Describes some consequences/powers during a financial emergency (e.g., Centre can direct states to reserve money bills for the President's consideration), indicating centralised control during financial emergency.
Combine this centralising pattern with the principle of ministerial responsibility to examine whether such far-reaching measures would plausibly require prior ministerial (Union Council) advice before the President proclaims the emergency.
- Explicitly says the State Legislature's power is made subject to Parliament's power; entries in the State List must be interpreted in light of Parliament's legislative power.
- Explains that where Union and State laws overlap (concurrent sphere), Union law prevails in case of repugnancy β limiting effective state lawmaking on those subjects.
- Sets out the three-fold division (Union, State, Concurrent) and affirms Parliament's exclusive powers on Union List while noting states have 'in normal circumstances' exclusive powers on State List β implying constitutional exceptions to state exclusivity.
- Frames the distribution that creates situations where states cannot unilaterally legislate on certain subjects without central primacy.
- Describes a constitutional mechanism by which Parliament may assume legislative power with respect to State subjects if the Council of States passes a specified resolution.
- Shows Parliament can, under prescribed conditions, legislate on matters ordinarily in the State domain, constraining state autonomy.
- [THE VERDICT]: Conceptual Sitter (via Elimination). Source: Standard Polity (Laxmikanth/Basu) logic applied to options A, C, D.
- [THE CONCEPTUAL TRIGGER]: Judiciary > Supreme Court > Jurisdiction > Article 142 (Enforcement of decrees and orders).
- [THE HORIZONTAL EXPANSION]: Memorize the 'Judicial Power Trinity': Art 136 (Special Leave - Discretionary), Art 141 (Law declared by SC binding on all), Art 142 (Complete Justice - overrides Statute). Contrast with Art 145 (Court Rules are *subject to* Parliament laws).
- [THE STRATEGIC METACOGNITION]: Don't just memorize the article text ('Complete Justice'). Ask the 'So What?' question: Does 'Complete Justice' mean the SC can ignore the CrPC? (Yes). Does it mean it can ignore the Constitution? (No). This distinction is the question.
Article 329 bars ordinary courts from entertaining disputes relating to election of members; such disputes must be raised by election petition.
High-yield for questions on electoral dispute resolution and limits on judicial intervention; connects constitutional provisions to remedies available for election-related grievances. Mastery helps answer questions on locus, remedy (election petition) and scope of judicial power in electoral matters.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 31: ELECTIONS > INTRODUCTION TO THE CONSTITUTION OF INDIA [CHAPTER 31 > p. 450
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 19: MUNICIPALITIES AND PLANNING COMMITTEES > p. 325
Article 324 vests superintendence, direction and control of elections in the Election Commission, defining its central constitutional role in conducting elections.
Essential for understanding institutional design of election administration, separation of functions, and questions on independence of constitutional bodies; links to topics on appointment, safeguards and administrative autonomy of Commissions.
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Article 324: (1) > p. 68
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 80: Elections > ELECTORAL SYSTEM > p. 572
Courts have exercised jurisdiction to examine certain actions related to the Election Commission and can issue directions, showing that ECI actions are not absolutely immune from judicial scrutiny.
Crucial for nuanced answers: distinguishes absolute immunity from qualified immunity and judicial oversight. Helps tackle balanced UPSC questions that probe exceptions, landmark interventions, and interplay between constitutional bodies and judiciary.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 31: ELECTIONS > ELECTIONS > p. 451
- Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 349
Article 142 authorizes the Supreme Court to grant relief necessary for doing complete justice in cases of illegality, want of jurisdiction or palpable injustice.
High-yield because questions often probe the scope and limits of the Court's extraordinary remedial jurisdiction; links to judicial review, remedies, and enforcement of rights. Mastering this helps answer comparisons between specific constitutional powers and procedural or statutory constraints.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 353
Article 136 confers a discretionary jurisdiction that can be exercised in spite of other constitutional appeal provisions or any other law.
Important for understanding how certain constitutional powers can operate notwithstanding statutory provisions; useful for comparing different special powers of the Supreme Court and for tackling questions about judicial exceptions to ordinary law.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 350
Rules made by the Supreme Court to regulate its procedure are subject to laws made by Parliament.
Crucial for grasping the institutional balance between Parliament's legislative authority and the Court's procedural autonomy; helps answer questions on limits of judicial rule-making and the interaction between statutory law and court procedure.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > CHAP.ti] THE SUPREME COURT 343 > p. 344
Article 360 requires the President's satisfaction to proclaim a Financial Emergency and amendments have altered whether that satisfaction is conclusive.
High-yield for questions on emergency provisions and constitutional amendments: tests understanding of how amendment history (38th and 44th) changed the justiciability of presidential satisfaction, linking emergency powers to judicial review and constitutional safeguards. Useful for essay/short-note and MCQ items on scope and limits of executive power.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 183
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 183
Article 145. While Art 142 allows the SC to override ordinary laws for justice, Art 145 explicitly states that the SC's power to make rules for its own practice is 'subject to the provisions of any law made by Parliament.' This is the exact opposite of the Art 142 principle and a potential future trap.
The 'Democracy Check' Hack. Option A (EC immune from courts) = Dictatorship. Option C (President without Cabinet) = Monarchy. Option D (States need Union permission) = Unitary State. Only Option B (SC overrides ordinary law for justice) aligns with the 'Guardian of the Constitution' role. Eliminate anything that breaks the Basic Structure.
Mains GS-2 (Judicial Activism): Article 142 is the constitutional license for 'Judicial Activism.' When you write answers on the Highway Liquor Ban or Environmental Orders, cite Article 142 as the source of power that allows the Court to step into the Executive/Legislative domain to fill a 'vacuum of law.'