Q. Consider the following statements regarding Supreme Courts’s Advisory Jurisdiction:
1. The Constitution of India authorizes President to seek the opinion of the judiciary on any question of law or fact of public importance.
2. The Supreme Court can also refuse to tender its opinion on any dispute arising out of any pre-constitution treaty or agreement.
3. The advice tendered by supreme court is binding on the President of India.
How many of the above given statements are correct?
Exp) Option a is the correct answer.
Statement 1 is correct: Under Article 143 of the constitution President can seek opinion of judiciary on any question of law or fact of public importance which has arisen, or which is likely to arise and on any dispute arising out of any preconstitution treaty, agreement, covenant, engagement, Sanad or other similar instruments.
Statement 2 is incorrect: As per constitution, Supreme Court must provide its opinion on matters involving any dispute arising out of any pre-constitution treaty, agreement or similar instrument.
Statement 3 is incorrect: Under advisory jurisdiction, the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the president; he may follow or may not follow the opinion.
