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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.
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.