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

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

The correct answer is 2 only.

Key Points

  • The supreme court of India tenders advice to the President of India on matters of law or fact if he seeks such advice. Hence, statement 1 is Not correct.
  • Article 143 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction.
  • According to Article 143 of the Indian Constitution, the President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion. Hence, statement 2 is correct.
  • The President of India may seek advice on any matters of law or fact. Hence, statement 3 is Not correct.

Additional Information

  • Article 143 - Power of President to consult Supreme Court:-
  1. If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
  2. The President may, notwithstanding anything in the proviso to article 131, refer to a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.
  • Essential aspects of Advisory Jurisdiction of the Supreme Court-
    • Article 143 does not speak of the administration of justice or any adjudication. It is not adjudication but consultation, an advisory function designed to assist the President (the Executive).
    • Accordingly, there is to be no judgment, decree, or order but opinion to be forwarded to the President in a report.
    • Its scope is, however, wider, as it provides that any question of law or fact of public importance may be referred by the President for the consideration of the Supreme Court
    • The opinion of the Supreme Court is only advisory and not binding.
    • The President is free to follow or not to follow.

Related Questions

Consider the following statements:
The Supreme Court of India tenders advice to the President of India on matters of law or fact
1. On its own initiative (or any matter of larger public interest)
2. If he seeks such an advice
3. Only if the matters relate to the Fundamental Rights of the citizens
Which of the statements given above is/are correct?
Which of the following statements regarding the 'advisory jurisdiction of Supreme Court' is correct:
1. The opinion of Supreme Court may be sought by the President on any question of law or fact
2. In case the opinion of the Supreme Court is sought it is bound to give
3. The advice given by Supreme Court on matters referred to it is binding on the President
4. Advisory jurisdiction of Supreme Court can also be exercised over disputes arising out of references made over preconstitutional treaties
Read the following passage carefully and choose the most appropriate answer to the question out of the four alternatives.
True, It is the function of the army to maintain law and order in abnormal times. But in normal times there is another force that compels citizens to obey the laws and to act with due regard to the rights of others. The force also protects the lives and the properties of law abiding men. Laws are made to secure the personal safety of its subjects and to prevent murder and crimes of violence. They are made to secure the property of the citizens against theft and damage to protect the rights of communities and castes to carry out their customs and ceremonies, so long as they do not conflict with the rights of others. Now the good citizen, of his own free will obey these laws and he takes care that everything he does is done with due regard to the rights and well-being of others. But the bad citizen is only restrained from breaking these laws by fear of the consequence of his actions. And the necessary steps to compel the bad citizen to act as a good citizen are taken by this force. The supreme control of law and order in a State is in the hands of a Minister who is responsible to the State Assembly and acts through the Inspector General of Police.
"They are made to secure the property of citizens against theft and damage" means that the law:
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Consider the following statements:
1. The powers of High Courts under Article 226 of the Constitution of India are wider than those of Supreme Court under Article 32 of the Constitution of India.
2. Both High Court and Supreme Court have concurrent power to enforce the fundamental rights.
3. It is mandatory for a petitioner first to approach the High Court instead of approaching the Supreme Court directly for enforcement of fundamental rights.
Which of the statements given above are correct?
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