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With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consider the following statements:
The President of India can refer any matter that is of public importance, or that involves interpretation of the Constitution to the Supreme Court for advice.
The Supreme Court is bound to advise on such matters, though the President is not bound to accept such advice.
Which of the statements given above is/are not correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consi...
Explanation:
Advisory Jurisdiction of Supreme Court:
The advisory jurisdiction of the Supreme Court of India is provided in Article 143 of the Constitution. It empowers the President of India to seek the opinion of the Supreme Court on any question of law or fact of public importance.
Features:
- The President of India can refer any matter that is of public importance or that involves the interpretation of the Constitution to the Supreme Court for advice.
- The Supreme Court is not bound to give its opinion on the matter referred to it.
- If the Supreme Court gives its opinion, it is not binding on the President or any other authority.
- The opinion of the Supreme Court is not appealable in any court of law.
Statements and their correctness:
1. The President of India can refer any matter that is of public importance or that involves the interpretation of the Constitution to the Supreme Court for advice.
This statement is correct. Article 143 of the Constitution provides the President with the power to refer such matters.
2. The Supreme Court is bound to advice on such matters, though the President is not bound to accept such advice.
This statement is incorrect. The Supreme Court is not bound to give its opinion on the matter referred to it. It can refuse to give its opinion if it thinks that the matter is not fit for its opinion.
Therefore, the correct answer is option B.
Advisory Jurisdiction of Supreme Court:
The advisory jurisdiction of the Supreme Court of India is provided in Article 143 of the Constitution. It empowers the President of India to seek the opinion of the Supreme Court on any question of law or fact of public importance.
Features:
- The President of India can refer any matter that is of public importance or that involves the interpretation of the Constitution to the Supreme Court for advice.
- The Supreme Court is not bound to give its opinion on the matter referred to it.
- If the Supreme Court gives its opinion, it is not binding on the President or any other authority.
- The opinion of the Supreme Court is not appealable in any court of law.
Statements and their correctness:
1. The President of India can refer any matter that is of public importance or that involves the interpretation of the Constitution to the Supreme Court for advice.
This statement is correct. Article 143 of the Constitution provides the President with the power to refer such matters.
2. The Supreme Court is bound to advice on such matters, though the President is not bound to accept such advice.
This statement is incorrect. The Supreme Court is not bound to give its opinion on the matter referred to it. It can refuse to give its opinion if it thinks that the matter is not fit for its opinion.
Therefore, the correct answer is option B.
Community Answer
With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consi...
- In addition to original and appellate jurisdiction, the Supreme Court of India possesses advisory jurisdiction also. This means that the President of India can refer any matter that is of public importance or that involves interpretation of the Constitution to Supreme Court for advice. So, statement 1 is correct.
- However, the Supreme Court is not bound to advise on such matters, and the President is not bound to accept such advice. So, statement 2 is not correct.
- The utility of advisory jurisdiction is two-fold. In the first place, it allows the government to seek legal opinion on a matter of importance before taking action on it. This may prevent unnecessary litigations later. Secondly, in the light of the advice of the Supreme Court, the government can make suitable changes in its action or legislation.Therefore option (b) is the answer.
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With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consider the following statements: The President of India can refer any matter that is of public importance, or that involves interpretation of the Constitution to the Supreme Court for advice. The Supreme Court is bound to advise on such matters, though the President is not bound to accept such advice. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consider the following statements: The President of India can refer any matter that is of public importance, or that involves interpretation of the Constitution to the Supreme Court for advice. The Supreme Court is bound to advise on such matters, though the President is not bound to accept such advice. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consider the following statements: The President of India can refer any matter that is of public importance, or that involves interpretation of the Constitution to the Supreme Court for advice. The Supreme Court is bound to advise on such matters, though the President is not bound to accept such advice. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consider the following statements: The President of India can refer any matter that is of public importance, or that involves interpretation of the Constitution to the Supreme Court for advice. The Supreme Court is bound to advise on such matters, though the President is not bound to accept such advice. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consider the following statements: The President of India can refer any matter that is of public importance, or that involves interpretation of the Constitution to the Supreme Court for advice. The Supreme Court is bound to advise on such matters, though the President is not bound to accept such advice. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consider the following statements: The President of India can refer any matter that is of public importance, or that involves interpretation of the Constitution to the Supreme Court for advice. The Supreme Court is bound to advise on such matters, though the President is not bound to accept such advice. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the ‘Advisory Jurisdiction’ of Supreme Court, consider the following statements: The President of India can refer any matter that is of public importance, or that involves interpretation of the Constitution to the Supreme Court for advice. The Supreme Court is bound to advise on such matters, though the President is not bound to accept such advice. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
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