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Q52 (IAS/2019) Polity & Governance β€Ί Judiciary β€Ί Supreme Court structure and powers Official Key

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?

Result
Your answer: β€”  Β·  Correct: B
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 principleβ€”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. [1] https://www.mea.gov.in/Images/pdf1/Part5.pdf
  2. [2] https://media.unesco.org/sites/default/files/webform/r2e002/eebbc4ba620b7e9dd1373abec25dee150cf7bd54.pdf
  3. [3] https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/30-85/CHAPTER3.pdf
  4. [4] https://cms.rajyasabha.nic.in/UploadedFiles/ElectronicPublications/pm_legislation2013.pdf
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
56%
got it right
PROVENANCE & STUDY PATTERN
Full view
Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibiti…
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 2.5/10 Β· 5/10

This 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.

How this question is built

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?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"The member approached the High Court of Delhi against the Order of the Election Commission. The High Court by its Order dated 18 November, 1991 stayed the operation of the Election Commission’s Order."
Why this source?
  • 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.
Web source
Presence: 3/5
"all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution 1*** shall be vested in a Commission (referred to in this Constitution as the Election Commission). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix"
Why this source?
  • 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).

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 31: ELECTIONS > INTRODUCTION TO THE CONSTITUTION OF INDIA [CHAPTER 31 > p. 450
Strength: 5/5
β€œINTRODUCTION TO THE CONSTITUTION OF INDIA [CHAP. 31 Decision of disputes relating to Election of Members. or whether any candidate returned as member suffered from any disqualification under the law or the Constitution, or whether a candidate who ought to have been returned has been, in fact, declared not elected. For the decision of such disputes, the Constitution provides [Article 329] that the courts of the land will have no jurisdiction and that any question relating to an election can be agitated only by an election petition, as provided for by law.”
Why relevant

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.

How to extend

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.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 19: MUNICIPALITIES AND PLANNING COMMITTEES > p. 325
Strength: 4/5
β€œThe State Election Commission appointed under Article 243K shall have the power of superintendence, direction and control of (i) the preparation of electoral rolls for, and (ii) the conduct of all elections to the Municipalities. State Legislatures have been vested with necessary power to regulate by law all matters relating to elections to municipalities. Bar to interference by courts in electoral matters. The courts shall have no jurisdiction to examine the validity of a law, relating to delimitation of constituencies or the allotment of seats made under Article 243ZA. An election to a municipality can be called in question only by an election petition which should be presented to . such authority and in such manner as, may be prescribed by or under any law made by the State Legislature.”
Why relevant

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.

How to extend

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.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Article 324: (1) > p. 68
Strength: 4/5
β€œThe superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission). Article 324 of the Indian Constitution provides for an independent Election Commission for the 'superintendence, direction and control of the electoral roll and the conduct of elections' in India. These words in the Constitution are very important, for they give the Election Commission a decisive role in virtually everything to do with elections.”
Why relevant

Defines Article 324's grant of 'superintendence, direction and control' to the Election Commission, highlighting its decisive role in election matters.

How to extend

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.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 31: ELECTIONS > ELECTIONS > p. 451
Strength: 5/5
β€œOn 1 October 1993 the Government promulgated an ordinance (which was subsequently converted into an Act) to provide for the appointment of two Election Commissioners. Soon thereafter, two Commissioners were appointed. The distribution of work and the rules for transaction of business made in the Ordinance were challenged in the Supreme Court. The court issued directions and the matter has been finally settled by upholding the validity of the Act. The Election Commission of India has brought several reforms in the electoral processes, and the Supreme Court of India has also played a proactive role while passing several leading judgments with regard to electoral reforms, which resulted in a historical voting in the recent parliamentary and legislative elections.”
Why relevant

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.

How to extend

A student could use this example to investigate precedents where courts have entertained challenges touching the Election Commission, to see limits of alleged immunity.

Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
Strength: 4/5
β€œThe Supreme Court and the High Courts have the power to interpret the Constitution of the country. They can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution. Thus they can determine the Constitutional validity of any legislation or action of the executive in the country, when it is challenged before them. This is known as the judicial review. The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament.”
Why relevant

States the Supreme Court and High Courts have power of judicial review to declare executive actions unconstitutional.

How to extend

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.

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?
Origin: Weak / unclear Fairness: Borderline / guessy
Indirect textbook clues
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2019TEST PAPER > p. 756
Strength: 5/5
β€œAn amendment to the Constitution of India cannot be called into question by the Supreme Court of India. (a) 1 only (b) 2 only ~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? . (a) The decisions taken by the Election Commission of India while discharging its duties can not be chall~~ged in any court of law. (b) The Supreme Court ofIndia is not constrained in the exercise of its powers by laws made by the parliament. (c) In the event of grave financial crises in the country, the President of India can declare Financial Emergency without the counsel from the cabinet Which of the statements given above is/ are correct?”
Why relevant

Suggests a general rule: 'prohibitions or limitations in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142.'

How to extend

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.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 350
Strength: 4/5
β€œINTRODUCTION TO THE CONSTITUTION OF INDIA [CHAP. 22 When the Supreme Court exercises its discretionary jurisdiction under Article 136 of the Constitution, it is in order to ensure that there is no miscarriage of justice. Article 136 does not confer a right of appeal on any party, but confers a discretionary power on the Supreme Court to interfere in appropriate cases. This power can be exercised in spite of other provisions for appeal contained in the Constitution, or any other law. 32 A pure finding of fact based on appreciation of evidence does not call for interference in exercise of power under Article 136 of the Constitution.”
Why relevant

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.

How to extend

Use this pattern (Article 136) as an analogy: check whether jurisprudence treats Article 142 similarly by reviewing case law or doctrine applying Article 142.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 353
Strength: 4/5
β€œGeneral or the Solicitor General. For exercising the suo motu power for contempt under Article 129 of the Constitution of India, the limitation provided in section 20 of the 1971 Act has no application. Under Article 142, the Supreme Court can grant appropriate relief for doing complete justice: (i) where there is some manifest illegality; or (ii) where there is a manifest want of jurisdiction; or (iii) where some palpable injustice is shown to have resulted. The scope of contempt jurisdiction extends to, punishing contemnors for violating the court's orders; punishing contemnors for disobeying the court's orders; punishing contemnors for breach of undertakings given to the courts.”
Why relevant

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.

How to extend

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.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > CHAP.ti] THE SUPREME COURT 343 > p. 344
Strength: 4/5
β€œThe power of Supreme Court to make rules to regulate its own procedure is only subject to two limitations: β€’ (i) These rules are subject to the laws made by Parliament.β€’ (ii) These rules, being in the nature of subordinate legislation can not override the constitutional provisions [Article 745). 16. (i) As a Federal Every federal Constitution. whatever the degree of Court. cohesion it aims at, involves a distribution of powers Position of the the Constitution.”
Why relevant

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.

How to extend

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.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 339
Strength: 3/5
β€œConstitution of the PARLIAMENT has the power to make laws regulating the Supreme Court. Constitution, organisation, jurisdiction and powers of the Supreme Court. Subject to such legislation, the Supreme Court consists of the Chief Justice of India and not more than thirty-three other Judges [Article 124]. Besides, the Chief Justice of India has the power, with the previous consent of the President, to request a retired Supreme Court Judge to act as a Judge of the Supreme Court for a temporary period. Similarly, a high court Judge may be appointed ad hoc Judge of the Supreme Court for a temporary period if there is a lack of quorum of the permanent Judges [Article 127-128].2 Every Judge of the Supreme Court shall be appointed by the President of India.”
Why relevant

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.

How to extend

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.

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?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration."
Why this source?
  • 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.
Web source
Presence: 5/5
"The Government did not agree with the contention, as according to the Government, there was no provision by which the President could disregard the Council of Ministers. Later on, the Government enacted the Constitution (Forty-second Amendment) Act, 1976 which ... specifically provided that the President shall in exercise of his functions, act in accordance with the advice of the Council of Ministers."
Why this source?
  • 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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 183
Strength: 5/5
β€œI Article 360 empowers the President to proclaim 'a Financial Emergency' if she is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened. The 38th Amendment Act of 1975 made the satisfaction of the President in declaring a Financial Emergency final and conclusive, and not questionable in any court on any ground. But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.”
Why relevant

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.

How to extend

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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > Emergency Powers > p. 191
Strength: 4/5
β€œI β€’ ( ii) He / she can declare that the powers of the state legislature shall be exercised by or under the authority of the Parliament.β€’ (iii) She/ he can authorize, when the Lok Sabha is not in session, expenditure from the Consolidated Fund of the state, pending the sanction of such expenditure by the Parliament. (c) Financial Emergency : The President can proclaim financial emergency if he / she is satisfied that the financial stability or credit of India or any part thereof, is threatened. During a financial emergency, the President can issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union, including the judges of the Supreme Court and High Courts.”
Why relevant

States plainly that 'The President can proclaim financial emergency if he/she is satisfied...' and lists powers the President may issue during such emergency.

How to extend

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.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 232
Strength: 4/5
β€œHence, it would appear that notwithstanding the 1976–78 amendments of Article 74(1), the President shall have the power of acting without ministerial advice, during the time taken in the matter of choosing a new Prime Minister, who, of course, must command majority in the House of the People. (b) But, as regards the contingency arising out of a demand for dissolution by a Prime Minister who is defeated in the House of the People, it cannot be said that no Council of Ministers is in existence. On the amended Article 74(1), the President of India must act upon the request of the defeated Council of Ministers even if such request is improper, eg, on a second occasion of defeat.”
Why relevant

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).

How to extend

A student can extend this pattern to ask whether any such exception exists for Article 360β€”i.e., is proclamation of financial emergency a situation where President may act independently under constitutional practice?

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > Jammu and Kashmir > p. 171
Strength: 3/5
β€œAs a result, though J&K had a separate constitution and a flag, the Parliament's power to make laws on subjects in the Union List was fully accepted. The remaining difference between the other States and the State of J&K were that no emergency due to internal disturbances could be declared in J&K without the concurrence of the State. The Union government could not impose a financial emergency in the State and the Directive Principles did not apply in J&K. Amendments to the Indian Constitution (under Art. 368) could apply in concurrence with the government of J&K. At present, the special status given under 370 no longer exists.”
Why relevant

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.

How to extend

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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Centre's Control Over State Legislation > p. 148
Strength: 3/5
β€œ148P Indion Polity β€’ (iii) The Centre can direct the states to reserve money bills and other financial bills passed by the state legislature for the President's consideration during a financial emergency (Article 360). β€’ (iv) The Governor cannot make an ordinance without the instructions from the President in certain cases (Article 213). From the above, it is clear that the Constitution has assigned a position of superiority to the Centre in the legislative sphere. In this context, the Sarkaria Commission on Centre-State Relations (1983-88) observed: 'The rule of federal supremacy is a technique to avoid absurdity, resolve conflict and ensure harmony between the Union and state laws.”
Why relevant

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.

How to extend

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.

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)?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > CHAP. 24] DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS 377 > p. 377
Presence: 5/5
β€œIn case of overlapping of a matter as between the three Lists, predominance has been given to the Union Legislature, as under the Government of India Act, 1935. Thus, the power of the State Legislature to legislate with respect to matters enumerated in the State List has been made subject to the power of Parliament to legislate in respect of matters enumerated in the Union and Concurrent Lists, and the entries in the State List have to be interpreted accordingly. In the concurrent sphere, in case of repugnancy between a Union and a State law relating to the same subject, the former prevails.”
Why this source?
  • 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.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Distribution of Legislative Subjects > p. 145
Presence: 4/5
β€œ!II Distribution of Legislative Subjects The Constitution provides for a three-fold distribution of legislative subjects between the Centre and the states, viz. , List-I (the Union List), List-II (the State List) and List-HI (the Concurrent List) in the Seventh Schedule: (i) The Parliament has exclusive powers to make laws with respect to any of the matters enumerated in the Union List. This list has at present 98 subjects (originally 97\ subjects) like defence, banking, foreign affairs, currency, atomic energy, in surance, communication , inter-state trade and commerce, census, audit and so on. β€’ (ii) The state legislature has "in normal circumstances" exclusive powers to make laws with respect to any of the matters enumerated in the State List.”
Why this source?
  • 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.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 263
Presence: 4/5
β€œParliament can assume such legislative power with respect to a State subject only if the Council of States declares, by a resolution supported by not less than two-thirds of its members present and voting, that it is necessary or expedient. (b) Similarly, under Article 312 of the Constitution, Parliament is empowered to make laws providing for the creation of one or more All-India Services common to the Union and the States, if the Council of States has declared by a resolution supported by not less than two-thirds of the members p,"escnt and voting that it is necessary or expedienUn the national interest so to do.”
Why this source?
  • 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.
Pattern takeaway: UPSC is moving from 'What does the Article say?' to 'What is the legal implication of this Article?'. They test the functional hierarchy: Constitution > Supreme Court (Art 142) > Ordinary Law.
How you should have studied
  1. [THE VERDICT]: Conceptual Sitter (via Elimination). Source: Standard Polity (Laxmikanth/Basu) logic applied to options A, C, D.
  2. [THE CONCEPTUAL TRIGGER]: Judiciary > Supreme Court > Jurisdiction > Article 142 (Enforcement of decrees and orders).
  3. [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).
  4. [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.
Concept hooks from this question
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ Article 329 β€” Bar on court jurisdiction in election disputes
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Under the Constitution of India, are decisions of the Election Commission of Ind..."
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ Article 324 β€” Powers and role of the Election Commission
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Under the Constitution of India, are decisions of the Election Commission of Ind..."
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ Judicial review and limits of ECI immunity
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Under the Constitution of India, are decisions of the Election Commission of Ind..."
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Article 142 β€” 'complete justice' remedial power
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 353
πŸ”— Anchor: "Does Article 142 of the Constitution of India provide that the Supreme Court is ..."
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Article 136 β€” discretionary power exercisable despite other laws
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 350
πŸ”— Anchor: "Does Article 142 of the Constitution of India provide that the Supreme Court is ..."
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Parliamentary power to regulate Supreme Court procedure
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > CHAP.ti] THE SUPREME COURT 343 > p. 344
πŸ”— Anchor: "Does Article 142 of the Constitution of India provide that the Supreme Court is ..."
πŸ“Œ Adjacent topic to master
S3
πŸ‘‰ Presidential 'satisfaction' under Article 360 and judicial review
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Under the Constitution of India, can the President declare a Financial Emergency..."
πŸŒ‘ The Hidden Trap

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.

⚑ Elimination Cheat Code

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.

πŸ”— Mains Connection

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.'

βœ“ Thank you! We'll review this.

SIMILAR QUESTIONS

CDS-II Β· 2017 Β· Q107 Relevance score: 0.54

Which one of the following statements about emergency provisions under the Constitution of India is not correct?

IAS Β· 2017 Β· Q17 Relevance score: 0.31

Consider the following statements : With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon 1. legislative function. 2. executive function. Which of the above statements is/are correct ?

NDA-II Β· 2018 Β· Q98 Relevance score: 0.18

Article 352 of the Constitution of India contains provisions related to

NDA-II Β· 2015 Β· Q78 Relevance score: -0.36

An emergency under Article 352 of the Constitution of India can be declared only during: