Question

Discuss the advisory powers of the supreme court of India in political science​

Answer 1

Article 143 of the Indian Constitution empowers the Supreme Court with advisory jurisdiction. This allows the President to seek an opinion of the Supreme Court on any issue of law or matter of public importance on which he deems it urgent to take such an opinion.

Article 143 of the Constitution confers Advisory Jurisdiction to the Supreme Court of India. This provision finds its origin in Section 213 of the Government of India Act, 1935, which conferred upon the Governor-General the discretion to pose questions of public importance to the Federal Court. Similarly, as per Article 143, the President has the power to address questions to the Supreme Court, which he deems important for public welfare. The Supreme Court “advises” the President by answering the query put before it. Till date, this mechanism has been put to use only twelve times. However, it is pertinent to note that this is not binding on the President, nor is it “law declared by the Supreme Court”, hence not binding on subordinate courts.

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Answer 2

Answer:

A person can appeal to the Supreme Court against the decisions of the High Courts. However High Court must certify that the case is fit for appeal. The Advisory Juridiction means that the President can refer any matter that is of public importance but the President is not bound to accept such an advice.

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