Indian Polity • JudiciaryHard
Analyze the nature and scope of the Advisory Jurisdiction of the Supreme Court under Article 143: 1. The President may refer any question of law or fact of public importance to the Supreme Court for its opinion. 2. The Supreme Court is constitutionally bound to provide its opinion on any matter referred by the President under the first clause of Article 143. 3. The opinion expressed by the Supreme Court in its advisory role is binding on the President as a decree of the court. Which of the statements given above are correct?
A. 1 only✓ Correct Answer
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
💡 Solution & Explanation
Article 143 empowers the President to seek advisory opinions from the Supreme Court on questions of public importance, making statement one correct. Under clause (1) of Article 143, the Supreme Court may report its opinion to the President, but it is not bound to answer questions arising from pre-constitutional treaties under clause (2), and in any case, advisory opinions are purely consultative and non-binding on the executive, making statements two and three incorrect. The advisory mechanism facilitates executive-judicial consultation without judicial decree.
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