UPSC CSE Prelims
Question 41
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?
View correct answer and explanation
Correct answer: B
Correct Option: B
Explanation:
Article 142 permits the Supreme Court to pass orders necessary for “complete justice” in causes before it; statutory limitations do not necessarily narrow this constitutional power, although it remains subject to constitutional constraints.
Option-wise Analysis:
A (Incorrect): Election Commission decisions are subject to judicial review in suitable cases.
B (Correct): Correct in the question’s sense-ordinary statutory limits do not automatically curtail Article 142 powers.
C (Incorrect): Financial Emergency under Article 360 must follow constitutional provisions and ministerial advice.
D (Incorrect): Union concurrence for certain state laws is a separate federal legislative issue.
Review Note:
Article 142 cannot be used to ignore substantive constitutional rights or override express constitutional limits.