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Q69 (IAS/2001) Polity & Governance › Judiciary › Advisory jurisdiction Answer Verified

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

Result
Your answer: —  Â·  Correct: B
Explanation

The Supreme Court’s advisory (consultative) jurisdiction under Article 143 authorises the Court to give its opinion only when a question of law or fact is referred to it by the President; the Court does not tender such advice on its own initiative. The opinion given in a Presidential reference is advisory and not a binding judicial pronouncement, and historically the President has made multiple references under this power [1]. The Court’s official description of its jurisdiction specifically states that the President may refer questions to the Supreme Court under Article 143 for its opinion, confirming that advice is given only when sought by the President [2]. Options 3 and 4 are therefore incorrect.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > El l Advisory Jurisdiction > p. 292
  2. [2] https://www.sci.gov.in/jurisdiction/
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