Indian Polity • JudiciaryMedium
Under Article 143 of the Indian Constitution, the President can refer questions of law or fact to the Supreme Court for its advisory opinion. Is the Supreme Court's opinion binding on the President?
A. Yes, in all cases
B. No, the opinion is purely advisory and non-binding✓ Correct Answer
C. Yes, only on matters relating to pre-constitutional treaties
D. Yes, if approved by a two-thirds majority of judges
💡 Solution & Explanation
The advisory jurisdiction under Article 143 is non-binding on the President, meaning the executive is not legally compelled to follow the opinion rendered by the Supreme Court. Furthermore, the Supreme Court may refuse to answer references made under the first clause of Article 143 concerning disputes arising from pre-constitution treaties, though it is obligated to report on matters referred under the second clause.
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