30 Jun 2021 Advisory jurisdiction of the Supreme Court
Advisory jurisdiction of the Supreme Court
The Jurisdiction of the Supreme Court of India can broadly be categorized into three parts:
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Advisory Jurisdiction
Article 143 of the Constitution of India confers upon the Supreme Court advisory jurisdiction.
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 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.
The Advisory jurisdiction of the Supreme Court in Constitution of India is sourced from the Government of India Act, 1935
Is The Court Bound To Give Its Opinion?
The advisory jurisdiction of the Supreme Court in Article 143 empowers the President to make references to Supreme Court on any matters but it cannot be said as the Jurisdiction of Supreme Court. The views taken by the Court is not binding on the President and it is not law within Article 141. It is on court to examine whether it should be answered or not, if not then with valid reasons.