With reference to the Constitution of India, prohibition or limitations or provisions contained in o

Question

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?

Accepted Answer

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. Any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by Parliament. Until a provision in that behalf is made, then it would be enforced in such a manner as the President may by order prescribe.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. 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. 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.Some important cases where the Supreme Court invoked Article 142 are:Appointment of Lokayukta in Uttar Pradesh.Setting up R.M. Lodha Committee to oversee the functioning of the Medical Council of India (MCI).Transfer the trial of accused in Babri Masjid demolition case.Ban on sale of alcohol within 500 meters of state and national highways.Witness Protection Scheme, 2018.Source Attribution: Laxmikanth