In Supreme Court Bar Association v. Union of India (1998), what did the Constitution Bench say about…
The Court described Article 142 as curative and said it "cannot be used to build a new edifice where none existed earlier, by ignoring express statutory provisions". Since…
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In Supreme Court Bar Association v. Union of India (1998), what did the Constitution Bench say about the reach of Article 142 of the Constitution?
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Correct answer A
The Court described Article 142 as curative and said it "cannot be used to build a new edifice where none existed earlier, by ignoring express statutory provisions". Since the Advocates Act gives the power to suspend licences to the Bar Councils, Article 142 could not be used to bypass it. So the idea that Article 142 overrides any statute is wrong.
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