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Q11 (CGS/2026) Polity & Governance › Judiciary

Which of the following statements is/are correct about the advisory jurisdiction of the Supreme Court of India? .

I. Article 143 of the Constitution of India lays down that the Supreme Court may be required to express its opinion.

II. The Supreme Court's advisory opinion is binding on the President under Article 143 of the Constitution of India.

Select the answer using the code given below.

Result
Your answer: —  Â·  Correct: A

Explanation

Statement I is correct. Article 143 of the Constitution of India empowers the President to refer a question of law or fact of public importance to the Supreme Court for its opinion. The Court, after such hearing as it thinks fit, reports its opinion to the President.

Statement II is incorrect. The opinion delivered by the Supreme Court under its advisory jurisdiction is not binding on the President. It is purely advisory in nature, and the President is free to follow or disregard the advice. Furthermore, in matters referred under Article 143(1), the Supreme Court is also not bound to give an opinion (as seen in the Ismail Faruqui case), although it is generally mandatory for the Court to provide an opinion on matters referred under Article 143(2) regarding pre-constitutional treaties or agreements.

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SIMILAR QUESTIONS

IAS · 1994 · Q34 Relevance score: 6.27

Which of the following statements regarding the advisory jurisdiction of the Supreme Court are correct ? I. It is binding on the Supreme Court to give its opinion on any matter referred to it by the President. II. The full bench of the Supreme Court hears any reference made to it under its power of advisory jurisdiction. III. The opinion given by the Supreme Court on a reference under advisory jurisdiction is not binding on the government. IV. Not more than one reference at a time can be made to the Supreme Court under its power of advisory jurisdiction. Select the answer from the codes given below: Codes :

CAPF · 2021 · Q48 Relevance score: 5.78

Which one of the following statements about the Supreme Court is not correct?

IAS · 2005 · Q115 Relevance score: 4.60

Consider the following statements: 1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution. 2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated Fund of India. Which of the statements is/are correct?

IAS · 2019 · Q81 Relevance score: 4.26

With reference to the Constitution of India, consider the following statements : 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?

IAS · 2009 · Q109 Relevance score: 3.80

Consider the following statements : 1. The Advocate General of a State in India is appointed by the President ot India upon the recommendation of the Governor of the concerned State. 2. As provided in Civil Procedure Code, High Courts have original, appellate and advisory jurisdiction at the State level. Which of the statements given above is/are correct ?