Question

when can the Supreme Court of India exercise advisory jurisdiction

Answer 1

“Editor’s Note: 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.”