Question

Which one of the following authorities is competent to seek the advisory opinion of the Supreme Court of India?

• A. The Parliament of India
• B. The Governor of a State
• C. The Prime Minister of India
• D. The President of India

Answer 1

The correct option is D The President of India

Under Article 143 of the Constitution the President is authorised to seek the opinion of the Supreme Court on 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 first case whereas it must give it's advisory opinion in 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.