Question

What is the advisory jurisdiction of the Supreme Court?

Answer 1

Hint: The Supreme Court has been given a consultative role which is further backed by the Indian Constitution. It is the supreme of all courts and the decisions of the Court are binding on all other courts.

Complete Step by Step Answer: The jurisdiction of the Supreme Court is of fivefold – Original Jurisdiction, Writ Jurisdiction, Appellate Jurisdiction, Advisory Jurisdiction and Revisory Jurisdiction.
The Supreme Court enjoys the power to express its opinion on an issue referred by the President seeking its opinion under Article 143 of the Indian Constitution. The President can refer an issue of law or fact which is of public importance to the advisory opinion of the Supreme Court. Such an issue is heard by a bench consisting of at least five judges and the court follows the procedure of an ordinary trial. Then the majority opinion is sent to the President. The judges can hold a dissenting opinion as well.
The views so expressed by the Supreme Court is not binding on the President, as it is not of the nature of a judicial pronouncement, nor is it obligatory for the Supreme Court to give its opinion. It is totally on the Court to decide whether to respond to an issue or not, if not then with valid reasons. However, the opinion given is entitled to great weight.
For example, in the case of reappointment of judges, the Supreme Court is not bound to express its opinion to the issues referred by the President.

Note: Students while answering such questions often confuse themselves with the other two forms of jurisdiction of the Supreme Court. The other two forms of jurisdictions are Original and Appellate jurisdiction.