Indian Polity • JudiciaryHard
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 bound to give its opinion in all such references?
A. Yes, for all matters referred by the President
B. No, the Supreme Court may refuse to give its opinion in cases falling under the first clause of Article 143✓ Correct Answer
C. Yes, but only if approved by a constitutional bench of at least seven judges
D. No, the advisory jurisdiction is entirely discretionary and non-binding for all categories
💡 Solution & Explanation
Under Article 143, the Supreme Court is not bound to give its opinion when the President refers a matter of public importance falling under the first clause, though it is obligatory under the second clause for pre-constitution treaty disputes. Advisory opinions rendered under this jurisdiction are also non-binding on the executive. Judiciary powers are heavily tested in constitutional law.
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