Q. With reference to Article 143 of the Indian Constitution, consider the following statements:
1.Article 143 empowers the President to seek the advisory opinion of the Supreme Court on any question of law or fact of public importance.
2.The Supreme Court’s opinion under Article 143 is binding on both the President and the Union Government.
3.The decision to invoke Article 143 lies solely with the President and does not involve the Council of Ministers.
4.Under Article 143(2), the Supreme Court is bound to tender its opinion if the reference pertains to pre-Constitutional treaties or agreements.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation:
- Statement 1 is correct: Article 143 allows the President to refer any question of law or fact that is of public importance to the Supreme Court.
- Statement 2 is incorrect: The Supreme Court’s opinion under Article 143 is advisory and not legally binding.
- Statement 3 is incorrect: Though Article 143 empowers the President, the actual decision to refer is taken by the Council of Ministers under Article 74(1).
- Statement 4 is correct: Under Article 143(2), the Supreme Court must tender its opinion if the reference involves pre-Constitutional treaties or agreements.
Source– TH
