PYQ Vault · Paper 1 · Organs of Government
Examine the constitutional provisions and nature of advisory jurisdiction of Supreme Court of India. Evaluate your answer with relevant examples.
How the answer moves
The flow snapshot — the routes in, the body, the counter-view and the routes out.
Flow snapshot — how the answer moves
Intro routes
R1 Art 143 = source of advisory jurisdiction → origin in Sec 213(1), Gol Act 1935 / Federal Court «2 consultative, non-binding power R2 Executive seeks the Court's opinion on a constitutional question before a dispute arises → located in Art 143(1)-(2)
Body flow
143(1): question of law/fact, public importance, existing or likely → Court may report → opinion advisory, not binding → 143(2): disputes barred from Art 131 → broad: not limited to President's functions, covers law or fact, even future questions → meant for exceptional cases → Court’s discretion under 143(1) to decline → Delhi Laws Act Reference 1951 (first; delegated legislation) → Kerala Education Bill 1957 (minority rights, education) → Keshav Singh (advisory but great weight)
Counter-view
Value vs misuse → sparing use removes doubt early + prevents unconstitutional action → overuse → becomes a political forum + burdens ordinary justice
Conclusion routes
rR! Legitimate when used sparingly → settles constitutional doubt early, tote keeps government within the Constitution R2 A consultative aid, not a political shortcut → discretion + restraint preserve its value
Model answer
Handwritten, in the form it would be written in the examination hall.
