Question Q.1GS2GS2
Extraordinary powers must be exercised judiciously and democratically. Discuss in the context of Article 142 of the Indian Constitution.
Main Body
The Indian Constitution gives the Supreme Court ultimate power to ensure effective and complete justice. However the exercise has been obfused lately.
Extraordinary powers in Art 142.
1Organizing procedures to grant justice - Ex: Akhil Kumar Bhora case 2014, IIT Admission examined.
3To Abscond and beyond Supreme court acquired jurisdiction - Ex: Army Agitation - Permanent Commission - Suprita Chaudhuri case 2014.
5Societal reform and social justice also Supreme court family divorce litigation - Two year gap.
However, these powers have been misused by Vice President Nuclear missiles on Democracy.
Extraordinary case to be adopted by Art 142.
2Outlawing notice of better federalism by Divan Tenting - President accountable to parliament
3President as representative of Union Executive + not for Rajya Sabha/State Assembly government. Hence impeachment by Parliament → because accountable to Lok Sabha (Art 75) → execute allowable to Lok Sabha.
4Rajya Sabha as State representation in impeachment process.
5Borrowed nature of constitutional provision (similarity to USA) - Way forward → consensus from States, Legislatures like legislative democratic government modifications – The President's mandate even must be consultative become amiably even trust per hence he is the conscience keeper of the Constitution.
200 words9 paragraphs
Conclusion
Reasons have legislative assemblies not involved in President alone.
9 words
Examiner score
0.3/10Open original scan
Page 1
Topper
D.S.K. PRACHET
AIR 1932025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Article 142 - Extraordinary Powers
Writing Stats
209
Total words
9
Paragraphs
academic
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