Question

Who has the right to seek an advisory opinion of the Supreme court of India on any question of law?
A)Prime Minister
B)President
C)Any Judge of the High Court
D)All of the above

Answer 1

Hint: The Supreme court of India is the highest court in the hierarchy of courts in India. Formed in 1950, the Supreme Court is the highest court of appeal in the country. It is the final interpreter of the constitution and is responsible for solving federal disputes. The apex court of the nation can provide advice to the Executive when required.

Complete Answer: Consisting of 34 judges, the decision of the supreme court is binding on all courts and tribunals in India. The jurisdiction and powers of the Supreme Court is extensive. It has original jurisdiction, writ jurisdiction, appellate Jurisdiction and advisory jurisdiction. It also acts as a court of record and has the power of judicial review.
The above question is regarding advisory jurisdiction of the Supreme Court.
Under article 143, the constitution allows the president to seek the opinion of the Supreme Court in the following two cases
-On any question of law or fact of public importance which has arisen or which is likely to arise
- On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments
In case it's a question of law or public importance, the Supreme Court might refuse to give its opinion to the President. However , if it is a dispute arising out of a pre-constitutional treaty then the Supreme Court is bound to tender its advice to the President.
-In both the cases, the advice given by the Supreme Court is recommendatory in nature and the President may or may not act according to it.

Hence option (B ) is correct.

Note: One should not confuse the Supreme Court’s advisory jurisdiction with its appellate jurisdiction. The Supreme Court is the highest court of appeal. In constitutional and civil matters, appeals to the Supreme Court are made when the High Court certifies that the case involves a substantial question of law of general importance and that the question needs to be decided by the Supreme Court.
In criminal matters, the Supreme Court hears appeals against a judgment if the high court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death. The High Court on its own can also certify a criminal case to be fit for appeal to the Supreme court.