Q. Consider the following statements with respect to the Pre-Constitution agreements and treaty:
1. It means such an agreement which was executed before the commencement of the Constitution, and which continues to be in operation after commencement.
2. The original jurisdiction of the Supreme Court does not extend to any dispute arising out of any pre-constitution treaty and agreement.
3. The President cannot seek the opinion of the Supreme Court on any preconstitution legal matters.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: Pre-Constitution agreement means that, which have been entered into or executed before the commencement of the Constitution and which continues to be in operation after such commencement.
Statement 2 is correct: As a federal court, the Supreme Court has exclusive original jurisdiction with regards to any dispute: Between the Centre and one or more states; or Between two or more states. However, this jurisdiction of the Supreme Court does not extend a dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement, sanad or other similar instrument.
Statement 3 is incorrect: Article 143 authorises 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.
- On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments.
