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What is the correct chronological sequence of the following advisory opinion given by the Supreme Court under Article 143 of the Constitution of India
(1) In re Delhi Laws Act case
(2) In re Berubari case
(3) In re Sea Customs Act
(4) The Special Court Reference case
A. 1, 2, 3, 4
B. 2, 1, 3, 4
C. 2, 3, 4, 1
D. 2, 4, 3, 1

Last updated date: 22nd Jul 2024
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Hint: In the Government of India Act, 1935, the Advisory Authority of the Supreme Court in the Constitution has its source. It adopts the provision of Section 213(1) of the Government of India Act, 1935, to confer on the Supreme Court, as the Federal Court had an advisory role.

Complete answer:
In Re. Laws Act of Delhi, 1912- 1951-

● The central government. Section 2 of the Part C States (Laws) Act, 1950 allowed any enactment in force in Part A state to apply to any Part C state with such adjustments and constraints as it deems fit;
• All seven judges gave their separate views.

In the case of Re Berubari, 1960 -

The Supreme Court held that for the enforcement of the Nehru-Noon Agreement, the Parliament of India is not qualified to make laws under Article 3. The tension was evident in the judiciary and in the legislature.

In the re Sea Customs Act, 1963 -

As a result of a proposal to introduce in Parliament a Bill to amend s. twenty of the Sea Customs Act, 1878, and s. three of the Central Excises and Salt Act, 1944, with a read to applying the provisions of the aforesaid 2 Acts to commodities belonging to the State Governments, in reference to that certain doubts arose on whether or not the provisions of the Bill were incompatible with Art. 289 of the Constitution of India, the President of India referred underneath Art. 143 of the Constitution certain queries for the opinion of the Supreme Court to determine if the planned amendments would be constitutional.

In the Special Court Reference case, 1978 -

A confidential member's initiative for the Special Courts Bill 1978, introduced in Parliament, aims to establish an adequate number of courts to be called special courts.

Hence, the correct answer is option (A).

Note: The President can seek the Supreme Court's opinion on any issue of law or fact of public interest on which he considers it necessary to obtain such an opinion. The Supreme Court, after giving it the hearing it considers fit, may, on such a referral from the President, convey its opinion on it to the President.