Question

Which of the following, regarding the advisory jurisdiction of the supreme court are correct?
I. It is binding on the supreme court to give its opinion on any matter referred to it by the President.
II. The full bench of the supreme court hears any reference made to it under its power of advisory jurisdiction.
III. The opinion given by the supreme court on a reference under advisory jurisdiction is not binding on the government.
IV. Not more than one reference at a time can be made to the supreme court under its power of advisory jurisdiction.
A. I and II
B. I and III
C. II and III
D. II and IV

Answer 1

Hint: The term jurisdiction is defined as the court's power to hear the issue. A structure where the judiciary is an autonomous entity is established by the constitution of India. Every state has its own High Court and the country's highest court is the Supreme Court of India.

Complete answer:
The supreme has advisory jurisdiction over matters that have been referred to it by the President of India. It is under article 143 of the constitution.
This enables the President to obtain the Supreme Court's opinion on any question of law or matter of public interest which he finds urgent. The opinion is only advisory, which the President is free to follow or not to follow. However, while the opinion given may not be binding in the exercise of advisory jurisdiction, it is entitled to considerable weight. The Supreme Court may refuse to give its opinion according to Article 143 in cases where it does not consider such an exercise to be acceptable or unfavorable.

Under Article 143 of the constitution the President is allowed to seek the opinion of the Supreme court on the following issues-
Any topic of Law or fact of public Interest
Any controversy resulting from any pre- constitution treaty, agreement etc. The Supreme Court can, in the first case give or refuse to give its opinion, while in the second case, it must give its advisory opinion. The guidance provided in this way is not binding on the President.
The right answer to this is I and III

Hence the correct answer is option ‘B’.

Note:A minimum of one-half of the Supreme Court's total strength shall be the minimum number of judges sitting on the Constitutional Bench or the Bench giving its advisory opinion on the reference made by the President.