Question

Which of the following, regarding the advisory jurisdiction of the Supreme Court are correct?
1. It is binding on the Supreme Court to give its opinion on any matter referred to it by the President.
2. The full bench of the Supreme Court hears any reference made to it under its power of advisory jurisdiction.
3. The opinion given by the Supreme Court on a reference under advisory jurisdiction is not binding on the government.
4. Not more than one reference at a time can be made to the Supreme Court under its power of advisory jurisdiction.

• A. I and II
• B. I and III
• C. II and III
• D. II and IV

Answer 1

The correct option is B I and III

Under Article 143 of the Constitution the President is authorised 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 its 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.