2019 GS Paper I, all questions

UPSC Prelims 2019 · GS Paper I

Question 52: Polity and Governance

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?

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

AnswerUPSC’s answer is (b).

Article 142 lets the Supreme Court pass any order needed to do complete justice in a case before it. The statement means that the Court's powers under this Article are not restricted by ordinary laws made by Parliament, although the Court has said it cannot use the Article against the Constitution itself. It has nothing to do with finality of the Election Commission's decisions, with a Financial Emergency under Article 360, or with the concurrence of Parliament in state legislation.

Why each option is right or wrong
  • (a) Election Commission decisions can be challenged in court; Article 142 is not about this.
  • (b) Correct: the Supreme Court is not constrained by ordinary laws of Parliament in using Article 142.
  • (c) Financial Emergency is a different Article and works on the Cabinet's advice.
  • (d) State legislatures' powers are unrelated to Article 142.

Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.

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Source: UPSC, Civil Services (Preliminary) Examination 2019, General Studies Paper I, Series A. The paper on upsc.gov.in.