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Q9 (IAS/2010) Polity & Governance › Judiciary › Advisory jurisdiction Answer Verified

Consider the following statements : The Supreme Court of India tenders advice to the President of India on matters of law or fact 1. on its own initiative (on any matter of larger public interest). 2. if he seeks such an advice. 3. only if the matters relate to the Fundamental Rights of the citizens. Which of the statements given above is/are correct ?

Result
Your answer:  ·  Correct: B
Explanation

The Supreme Court’s advisory jurisdiction is exercised when the President refers questions of law or fact of public importance to the Court under Article 143; the President may seek the Court’s opinion on such matters, which can include constitutional interpretation, and the Court’s opinion is not binding on the President or government [1]. The power is therefore triggered by a presidential reference, not by the Court acting suo motu; the Constitution and Supreme Court practice treat advisory references as those “specifically referred to it by the President” under Article 143 [2]. There is no constitutional limitation restricting references only to matters concerning Fundamental Rights; advisory questions may concern any public importance or constitutional issue.

Sources

  1. [1] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > Advisory Jurisdiction > p. 133
  2. [2] https://www.sci.gov.in/jurisdiction/
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