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Q52 (IAS/2019) Polity & Governance › Judiciary › 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:  ·  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 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. [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.
77%
got it right
PROVENANCE & STUDY PATTERN
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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 · 5/10
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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
“INTRODUCTION 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
“The 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
“The 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
“On 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
“The 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.

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Statement analysis

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Statement analysis

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