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Q. Consider the following statements about the Supreme Court of India:

Which of the statements given above is/are correct?


A
1 only
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B
2 only
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C
Both 1 and 2
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D
Neither 1 nor 2
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Solution

The correct option is D Neither 1 nor 2

Explanation:

Statement 1 is incorrect: The Parliament doesn’t have the power to curtail the jurisdiction and powers of the Supreme Court through a constitutional amendment.

Statement 2 is incorrect: The Constitution (Article 143) authorises the president to seek the opinion of the Supreme Court in the two categories of matters:

  1. On any question of law or fact of public importance which has arisen or which is likely to arise.

  2. On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement etc.

In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president. But, in the second case, the Supreme Court ‘must’ tender its opinion to the president. In both cases, the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the president


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