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Consider the following statements:
The Supreme Court of India tenders advice to the President of India on matters of law or fact
1. on its own initiative (or any matter of larger public interest)
2. if he seeks such an advice
3. only if the matters relate to the Fundamental Rights of the citizenj
Which of the statements given above is / are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
- Statement 1: The Supreme Court cannot tender advice to the President on its own initiative. It can only do so when the President specifically seeks such advice.
- Statement 2: This is correct. Under Article 143, the Supreme Court gives advice when the President refers a question of law or fact.
- Statement 3: Incorrect. The reference need not relate only to Fundamental Rights; it can concern any question of law or fact.
- Option 1 (1 only): Incorrect, because the Court cannot advise on its own.
- Option 2 (2 only): This is correct.
- Option 3 (Both 1 and 2): Wrong, because statement 1 is not true.
- Option 4 (Neither 1 nor 2): Wrong, as statement 2 is true.
Correct Answer:
Option: 2, 2 only
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