With reference to the Advisory Jurisdiction of Supreme Court consider the following statements 1 The...........

Indian Polity Judiciary

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With reference to the Advisory Jurisdiction of Supreme Court, consider the following statements:

1. The Supreme Court is bound to give opinion on all matters that the President may refer to.

2. The opinion given by the Supreme Court on matters referred to it by the President is binding on the President.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

Both the statements are incorrect. Under Article 143, the President can seek the opinion of the Supreme Court in 2 categories of matters
(i) relating to a question of law or fact of public importance. The Supreme Court in this case may advice or may refuse to tender its opinion while on
(ii) any dispute arising out of any pre constitution treaty, agreement etc., the supreme court must tender its opinion. Irrespective of these matters, any opinion given by Supreme Court is advisory and not binding on the President.