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Question

58. Article 143 of the Indian constitution provides for Advisory jurisdiction of the supreme court. Consider the following statements in regards to the provisions of this article.

i) President and the Prime Minister are authorised to seek the opinion of the Supreme Court on any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments.

ii) Supreme court may tender or may refuse to tender its opinion to the president.

Select the correct option/s


A

a) 1 only

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B

b) 2 only

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C

c) Both 1 and 2

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D
d) None of the above
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Solution

The correct option is D d) None of the above

d)
Explanation: President alone is given the authority to seek the opinion of the Supreme court (Advisory Jurisdiction).

Supreme court “must” tender its opinion when president seeks but the opinion tendered is only advisory and not a judicial pronouncement.


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