Q. Consider the following statements regarding “advisory jurisdiction” of Supreme Court:
1.Supreme Court cannot refuse the opinion seek by President.
2.The President has till date used advisory jurisdiction only 15 times.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation: The Constitution (Article 143) authorizes the president to seek the opinion of the Supreme Court in the two categories of matters:
(a) On any question of law or fact of public importance which has arisen, or which is likely to arise.
(b) 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.
- So far, the President has made fifteen references to the Supreme Court under its advisory jurisdiction (also known as consultative jurisdiction).
Source: Laxmikanth
