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Q.
Which of the following, regarding the advisory jurisdiction of the supreme court are correct?
- It is binding on the supreme court to give its opinion on any matter referred to it by the President.
- The full bench of the supreme court hears any reference made to it under its power of advisory jurisdiction.
- The opinion given by the supreme court on a reference under advisory jurisdiction is not binding on the government.
- Not more than one reference at a time can be made to the supreme court under its power of advisory jurisdiction.
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a
I and II
b
I and III
c
II and III
d
II and IV
answer is B.
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Detailed Solution
● Under the article 143 of the constitution, the supreme has advisory jurisdiction over matters referred, by the President of India.
● This enables the President to obtain the supreme court’s opinion on any matter of public interest or question of law or which he finds urgent.
● The opinion is only advisory, which the President is free not to follow or free to follow.
● However, the supreme court may refuse to give its opinion according to Article 143 in cases where it does not consider such an exercise to be unfavorable or acceptable.
● Under the Article 143, the President is allowed to seek the opinion of the supreme court on the following matters-
● Any topic of fact or Law of public Interest,
● Any controversy resulting from any agreement, pre- constitution treaty etc.
● The supreme court can give or refuse to give its opinion in the first case, while in the second case, the supreme court must give its advisory opinion.
● This enables the President to obtain the supreme court’s opinion on any matter of public interest or question of law or which he finds urgent.
● The opinion is only advisory, which the President is free not to follow or free to follow.
● However, the supreme court may refuse to give its opinion according to Article 143 in cases where it does not consider such an exercise to be unfavorable or acceptable.
● Under the Article 143, the President is allowed to seek the opinion of the supreme court on the following matters-
● Any topic of fact or Law of public Interest,
● Any controversy resulting from any agreement, pre- constitution treaty etc.
● The supreme court can give or refuse to give its opinion in the first case, while in the second case, the supreme court must give its advisory opinion.
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