As per Article 143 the President has the power to address questions to the Supreme Court which he de...........

Indian Polity Judiciary

As per Article 143 the President has the power to address questions to the Supreme Court, which he deems important for public welfare. Which of the following statements are correct about advisory Jurisdiction of the Supreme Court?

1. The ‘Advice’ given by the Supreme Court under Article 143 is not binding on the President.

2. The Supreme Court may decline to give its opinion under Article 143(1) in cases it does not consider proper or not amenable to such exercise.

3. References made by Supreme Court under Article 143 are binding on the inferior Courts.

Select the code from below:

1&3 only

2&3 only

1&2 only

All the above

छोटे Courses बड़े Results

Master Judiciary

Prepare through Micro-courses

Try Now

Explanation:

Article 143 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion. On such reference from the President, the Supreme Court, after giving it such hearing as it deems fit, may report to the President its opinion thereon. The opinion is only advisory, which the President is free to follow or not to follow. (Keshav Singh’s Case, AIR 1965 SC 745). However, even if the opinion given in the exercise of advisory jurisdiction may not be binding, it is entitled to great weight.
The Supreme Court may decline to give its opinion under Article 143 in cases it does not consider proper or not amenable to such exercise. It was, however, held by the Supreme Court in M. Ismail Faruqui v. Union of India (AIR 1995 SC 605) that in that case, reasons must be indicated.
It was also held by the Supreme Court that the references made under this Article are not the “law declared by the Supreme Court” under Article 141 of the Constitution. So it is not binding on inferior courts, even though have high persuasive value.