Question

Consider the following statements.
The Supreme Court of India tenders advice to the President of India on matters of law or fact:
1. on its own initiative (on any matter of larger public interest).
2. if he seeks such an advice.
3. only if the matters relate to the Fundamental Rights of the citizens.
Which of the statements given above is/are correct?

• A. 1 only
• B. 2 only
• C. 3 only
• D. 1 and 2

Answer 1

Answer: (B)

2 only

Under Article 143 of the Constitution the President is authorized to seek the opinion of the Supreme Court on the following matters:

1) Any question of law or fact of public importance

2) any dispute arising out of any pre constitution treaty, agreement, covenant, agreement etc

The supreme court may give or refuse to give it's opinion in the first case whereas it must give its advisory opinion in the second case. The advice so given is not binding on the President. The minimum number of judges to sit on the Constitutional Bench or on Bench which gives its advisory opinion on the reference by the President must be one half of the total strength of the Supreme Court.