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Which Article of the Indian Constitution gives the President the power to consult the Supreme Court?
  • a)
    Article 129
  • b)
    Article 132
  • c)
    Article 143
  • d)
    Article 32
  • e)
    None of the above/More than one of the above
Correct answer is option 'C'. Can you explain this answer?
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Which Article of the Indian Constitution gives the President the power...
  • Article 143 of the Constitution of India confers on the President the power to consult the Supreme Court in respect of a question of great importance to law or fact.
  • According to Article 129, the Supreme Court shall be a Court of Record and shall have all the powers of such Court including the power to punish for contempt of itself.
  • Under Article 132 (constitutional matters), any decision of the High Court, whether it is related to any proceeding of civil or criminal, can be appealed to the Supreme Court.
  • Article 32 of the Constitution provides for the right to constitutional remedies. Under Article 32, the Supreme Court has the power to issue directions or orders or writs for the enforcement of any fundamental right. 
ABOUT Article 143:
  • Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two matters:
    • On any question of law or fact of public importance which has arisen or which is likely to arise. 
    • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments. 
  • In the first scenario, 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. He may follow or may not follow the opinion. 
  • Therefore, Article 143 provides for the Advisory Jurisdiction (also known as consultative jurisdiction) of the Supreme court.
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Community Answer
Which Article of the Indian Constitution gives the President the power...
  • Article 143 of the Constitution of India confers on the President the power to consult the Supreme Court in respect of a question of great importance to law or fact.
  • According to Article 129, the Supreme Court shall be a Court of Record and shall have all the powers of such Court including the power to punish for contempt of itself.
  • Under Article 132 (constitutional matters), any decision of the High Court, whether it is related to any proceeding of civil or criminal, can be appealed to the Supreme Court.
  • Article 32 of the Constitution provides for the right to constitutional remedies. Under Article 32, the Supreme Court has the power to issue directions or orders or writs for the enforcement of any fundamental right. 
ABOUT Article 143:
  • Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two matters:
    • On any question of law or fact of public importance which has arisen or which is likely to arise. 
    • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments. 
  • In the first scenario, 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. He may follow or may not follow the opinion. 
  • Therefore, Article 143 provides for the Advisory Jurisdiction (also known as consultative jurisdiction) of the Supreme court.
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Which Article of the Indian Constitution gives the President the power to consult the Supreme Court?a)Article 129b)Article 132c)Article 143d)Article 32e)None of the above/More than one of the aboveCorrect answer is option 'C'. Can you explain this answer?
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