UPSC Prelims 2019 · Question 32 of 99
UPSC Prelims 2019 question on Article 142 Supreme Court Powers
- ExamUPSC CSE
- Year2019
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicHigher Judiciary (SC and HC)
- DifficultyMedium
- TypeDirect
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?
Show answer
Answer: B. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
Verdict
Correct answer: The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament → Option (b).
Analysis
Article 142 states that 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.
In the Union Carbide case relating to the victims of the Bhopal gas tragedy, the Supreme Court while awarding compensation went to the extent of saying that to do complete justice, it could even override the laws made by Parliament by holding that 'prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article 142.'
By this statement the Supreme Court of India placed itself above the laws made by Parliament or the legislatures of the States. Hence the Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.