The Supreme Court of India tenders advice to the President on a matter of law or fact

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Q: 69 (IAS/2001)
The Supreme Court of India tenders advice to the President on a matter of law or fact

question_subject: 

Polity

question_exam: 

IAS

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Certainly! In India, the Supreme Court is the highest judicial body and has the power to provide advice to the President on matters of law or fact. However, the Supreme Court can offer such advice to the President only if he seeks it.

The Constitution of India grants the President the authority to seek the opinion of the Supreme Court on questions of law or fact that are of public importance. This provision, known as "Reference Jurisdiction," allows the President to obtain the court`s advice on specific matters that may require legal interpretation or clarification.

It is important to note that the Supreme Court does not have the power to offer advice on its own initiative or without being requested by the President. The court`s role in providing advice is limited to situations where the President seeks its opinion.

The requirement for the President to seek advice from the Supreme Court ensures a separation of powers between the executive and judicial branches of government. It allows the President to benefit from the court`s expertise and guidance on matters that may have legal implications or require legal interpretation.

Therefore, the Supreme Court of India tenders advice to the President on a matter of law or fact only if he seeks such advice, as per the provisions outlined in the Constitution.