Question

what are the advisory function of the supreme court

Answer 1

Answer:

If President seeks advice from Supreme court, the advice is either considered or may be refused by the Supreme court depending on the issues.

Explanation:

• Advisory function of the supreme court is borrowed from Canadian constitution.
• Article 143 explains the advisory powers of Supreme court.
• If President seeks advice from the Supreme court, it may either tender their advice or may be refused by the Supreme court in law related matters.
• But advice are mandatory if the opinion is regarding to pre constitution treaty, agreement, and so on.
• President seeks advice from certain issues such as Presidential Election in 1974, Jammu and Kashmir Resettlement Act in 1982, Cauvery Water Disputes Tribunal in 1992, and so forth.

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Answer 2

The Supreme Court of India is the utmost judicial court and the ultimate court of appeal under the Indian Constitution, the uppermost constitutional court, with the power of review by the judiciary.

EXPLANATION:

• The Supreme Court as an 'advisory court' hears matters that is particularly referred to it under the 'Indian Constitution by the Indian President'.
• That is, Article 143 authorizes the President to seek out advisory opinion from the Supreme Court in the 2 categories namely matters of public significance and matters of any question that arises out of pre-constitution, agreement, treaty, engagement, sanad, or other similar instruments.
• Furthermore, 'Article 144' stipulates that all authorities judicial and civil within the 'Indian Territory' shall act in assistance of the 'Supreme Court'.

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