Question

UPSC Prelims 2019 Question:

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?

1. The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
2. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
3. In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
4. State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

Answer (Detailed Solution Below)

Option 2: The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

Detailed Solution

Explanation:

Under Article 142 of the Constitution of India, the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
Any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

Therefore, option (2) is the correct answer.

Subject: Polity | Judiciary

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