Q. With reference to the Advisory Jurisdiction of the Supreme Court, consider the following statements:
1. Whenever the President seek the advice of Supreme Court in any matter, the Court is obligated to give an opinion.
2. The opinion expressed by the Supreme Court under its Advisory Jurisdiction is always considered as a judicial pronouncement.
3. The President can ask for the Court’s opinion on any question of law but not on a question of fact.
How many of the above given statements are correct?
Answer: D
Notes:
Exp) Option d is the correct answer.
Advisory Jurisdiction of the Supreme Court The Constitution (Article 143) authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:
- On any question of law or fact of public importance which has arisen, or which is likely to arise. (Statement 3 is incorrect)
- On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments. In the first case, the Supreme Court may tender or may refuse to tender its opinion to the President. But, in the second case, the Supreme Court ‘must’ tender its opinion to the President. (Hence, Statement 1 is incorrect)
Statement 2 is incorrect: In both the cases, the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement.
