Q. With reference to the Advisory Jurisdiction of the Supreme Court under Article 143 of the Constitution, consider the following statements:
1.The Supreme Court is bound to give its opinion when the President seeks advice on disputes arising from pre-constitution treaties and agreements.
2.The opinion given by the Supreme Court under Article 143 is binding on the President.
3.In matters of public importance, the Supreme Court may choose whether or not to give its opinion when consulted by the President.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation:
- Article 143 of the Constitution empowers the President to seek the opinion of the Supreme Court in two specific categories of matters:
- i) On any question of law or fact that is of public importance and has either arisen or is likely to arise in the future.
ii) On any dispute related to pre-constitution treaties, agreements, covenants, engagements, sanads, or similar instruments.
- In the first category, the Supreme Court has the discretion to either provide or decline to provide its opinion.
- However, in the second category, it is mandatory for the Supreme Court to render its opinion to the President.
- In both cases, the Supreme Court’s opinion is merely advisory in nature and does not constitute a judicial decision. Therefore, it is not binding on the President, who may choose to accept or disregard the opinion.
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