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 the laws made by Parliament.
3. In the event of a 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.

Explanation

Option (b) is correct

• Article 142 of the Constitution of India exclusively empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any case or matter pending before it. This means that the Supreme Court of India is not constrained in exercising its powers by laws made by Parliament.
• For example: One of the important instances of application by the Supreme Court of Article 142 was in the Union Carbide case — relating to the victims of the Bhopal gas tragedy — where the Court felt a need to deviate from existing law to bring relief to the thousands of persons affected by the gas leak. In this judgment, the Supreme Court, while awarding compensation of $470 million to the victims, 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.”However, this statement was later toned down in Supreme Court Bar Association v. Union of India. It was said therein that the said article could not be used to supplant the existing law, but only to supplement the law.
• Over the years, the interpretation and applicability of Article 142 have evolved through various precedents
• Parameters laid down by the Supreme Court for exercising powers under Article 142:
  • Jurisdiction: The powers under Article 142 can be exercised by the court to do complete justice for the parties before it, but in doing so, the court shall not nullify valid judicial orders passed in favour of other litigants in other jurisdictions.
  • Substantive Rights: The powers of the court under Article 142 should not override substantive law. The court must respect litigants’ substantive rights within its jurisdiction, preserving legal integrity.
  • Natural Justice: The powers of the court under Article 142 must not undermine principles of natural justice. Litigants have a right to be heard before adverse orders are passed, including vacating stay orders, thus ensuring fairness.

Answer: (b) The Supreme Court of India is not constrained in the exercise of its powers by the laws made by Parliament; Difficulty Level: Easy