Consider the following statements regarding the Supreme Court's judgment in the Tamil Nadu Governor case:
1. The President is required to seek the Supreme Court's opinion under Article 143 if a Governor reserves a Bill due to perceived unconstitutionality.
2. The Sarkaria and Punchhi Commissions recommended that the President seek the Supreme Court's advice on potentially unconstitutional bills.
3. The Supreme Court's opinion under Article 143 is mandatory for the legislature and the executive to follow.
4. The Supreme Court can refuse to express its opinion if the questions relate to socio-economic or political questions rather than constitutional interpretation.
Which of the above statements are correct?
1 onlyIncorrect Answer
1 and 3 onlyIncorrect Answer
2 and 4 onlyCorrect Answer
2, 3, and 4 onlyIncorrect Answer
Explanation:
Statement 1 is incorrect: The Supreme Court's judgment noted that the President 'ought to' seek the Supreme Court's opinion but did not make it a requirement.
Statement 2 is correct: Both the Sarkaria and Punchhi Commissions recommended that the President seek the Supreme Court's advice regarding bills perceived to be unconstitutional.
Statement 3 is incorrect: The opinion under Article 143 is not mandatory for the legislature or the executive, though it holds persuasive value.
Statement 4 is correct: The Supreme Court can refuse to provide an advisory opinion if the questions are socio-economic or political rather than purely constitutional.
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By: susheel