Q. Consider the following statements regarding the Supreme Court’s advisory jurisdiction under Article 143 of the Indian Constitution:
1.The President may refer a question to the Supreme Court if it “has arisen, or is likely to arise,” and “is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court.”
2.A reference under Article 143 must be heard by a bench of at least five judges, as per Article 145(3), and the Supreme Court returns the reference to the President with the majority opinion.
3.The Supreme Court is obligated to provide an opinion on every reference made under Article 143.
Which of the statements given above is/are correct?
Answer: A
Notes:
Explanation:
- Statement 1: Article 143(1) empowers the President to refer questions of law or fact to the Supreme Court if they have arisen, or are likely to arise, and are of such public importance that it is expedient to obtain the Court’s opinion.
- Statement 2: Article 145(3) requires that any such reference be heard by a bench of at least five judges, and the Court returns its majority opinion to the President.
- Statement 3: The Supreme Court is not bound to give an opinion on every reference. The Court has discretion and may decline to answer if it finds the question unsuitable.
Source– IE
