Indian Polity • JudiciaryHard
Under Article 143 of the Indian Constitution, the President may consult the Supreme Court upon a question of law or fact. Consider the nature of this advisory jurisdiction: 1. The Supreme Court is bound to tender its opinion to the President on any reference made under this Article. 2. The opinion given by the Supreme Court is binding on the President as a judicial precedent. Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2✓ Correct Answer
💡 Solution & Explanation
Under Article 143, the Supreme Court may tender or refuse to tender its opinion to the President on a matter of public importance arising from pre-constitution treaties or general references. Neither is the Supreme Court bound to give its opinion in all cases (such as pre-constitution disputes where it may decline), nor is the advisory opinion binding on the President.
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