Question

Regarding the advisory jurisdiction of the Supreme Court, which of the following statements is/are correct?
I.It is obligatory for the Supreme Court to give its opinion once it is sought.
II.The advice is not binding on the President.
III.The President may ask the court’s opinion on treaties and agreements made before the constitution was framed.
 A.I and II
B.I, II and III
C.I and III
D.II and III

Answer 1

Hint:The president is free to follow or not to follow the jurisdiction of the Supreme Court. The President should get a report of the court’s opinion. The opinion of the Supreme Court is not binding, it is advisory. These matters are included in the advisory jurisdiction of the Supreme Court.

Complete answer:
The Supreme Court of India is the apex court and comes under Part V - Chapter IV of the Indian Constitution. The Supreme Court of India was constituted on 28 January 1950. The Supreme Court is the highest appellate court which looks into the appeals against the verdicts of the High Courts and other courts of the states and territories. The Constitution of India provided the Supreme Court with a Chief Justice and seven judges. Parliament increased the number of judges of the Supreme Court. Articles 124 to 147 of the Indian constitution say about the composition and jurisdiction of the Supreme Court of India. The Jurisdiction of the Supreme Court of India consists of three parts:
1. Appellate Jurisdiction
2. Original Jurisdiction
3. Advisory Jurisdiction
According to the question, it conveys the advisory jurisdiction of the Supreme Court of India. Article 143 explains the advisory jurisdiction of Supreme Court, its matters include:
1. There is to be no judgment, decree, or order but the opinions of the Supreme Court are to be forwarded to the President in a report.

2. The advisory jurisdiction’s scope is wider as it provides that any question of law or any fact of public importance will be referred by the President for consideration for the Supreme Court.
3. The opinions of the Supreme Court are advisory but not binding and the president is free to follow or not to follow. If the opinions given in the exercise of advisory jurisdiction may not be binding, it carries weight and has great persuasive value.

4. These opinions are not binding on inferior courts, even though they have high pervasive value.

Hence, the correct answer is option (D).

Note:Advisory jurisdiction of the Supreme Court is not a judgement but consultation, an advisory function designed to assist the President of India. Advisory jurisdiction is one of the three jurisdictions that come under the Supreme Court.