Question

Which among the following statements is/are not correct with regard to the advisory Jurisdiction of Supreme Court of India?

1. The President can refer a question of law or fact of public importance to the Supreme Court of India.

2. The Supreme Court is bound to give its observation in the matter

3. The President is bound by the opinion of Supreme Court.

4. The judge who does not concur may deliver a dissenting judgement

• A. 1 only
• B. 1 and 2 only
• C. 2 and 3 only
• D. All are true

Answer 1

Answer:

C. 2 and 3 only

The Supreme Court has advisory jurisdiction over matters that have been specifically referred to it by the President of India under Article 143 of the Constitution. The advisory jurisdiction of the Supreme Court in Article 143 gives the President the power to make references to the SC on any matters but it can’t be called the Jurisdiction of Supreme Court. The views taken by the Court are not binding on the President and it is not law within Article 141. It is on the Court to examine if it should be answered or not, if not then with valid reasons.