Question

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

Answer 1

Hint: The Constitution of India has bestowed extensive powers and jurisdiction on the Supreme Court of India, in which Advisory jurisdiction is an important element to maintain co-operative existence of the Executive and the Judiciary.

Complete answer: Article 143 of the Indian Constitution allows the President to take advice from the Supreme Court in the two following matters of law or fact:
-on any issue of law or fact which is of public importance
-on any conflict appearing out of any pre-constitution treat, agreement, etc.
In the first situation, the Supreme Court has the choice to give or refuse to tense it's opinion to the President. In the second situation, the court 'must' tender it's opinion. This particular article gives facility to the government to have a legal opinion on subject matters. The advisory jurisdiction is also known as the consultative jurisdiction. Some of the important references made by the President to the Supreme Court are Rama Janma Bhumi Case, 1993; 2G Spectrum case verdict, 2012; Presidential Elections, 1974; Berubari Union case, 1960; Cauvery Water Disputes Tribunal, 1992.

Thus, option D is the correct answer.

Note: It is important to note that advisory jurisdiction is not a judicial pronouncement. Therefore, the President has the choice to either accept or refuse the advisory given by the Supreme Court.