Under which Article of the Constitution of India does the Supreme Court of India exercise special advisory jurisdiction in matters referred to it by the President of India?
- AOption (a)
Article 143
- BOption (b)
Article 146
- COption (c)
Article 131
- DOption (d)
Article 148
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Correct answer
Article 143
Why this answer is correct
The correct answer is Article 143.
Key Points
- Article 143 of the Constitution of India confers Advisory Jurisdiction upon the Supreme Court, allowing the President to seek its opinion on any question of law or fact.
- The President can refer a matter under two circumstances: when a question of public importance has arisen or is likely to arise, or when a dispute arises from a pre-Constitution treaty or agreement.
- In the case of public importance (Clause 1), the Supreme Court may, at its discretion, refuse to provide an opinion; however, for pre-Constitution matters (Clause 2), the Court is mandatory required to deliver its report.
- The opinion expressed by the Supreme Court under this article is purely advisory and is not binding on the President, nor does it constitute the 'law declared by the Supreme Court' under Article 141.
Additional Information
- Article 131:
- Relates to the Original Jurisdiction of the Supreme Court.
- It empowers the Court to settle disputes between the Government of India and one or more States, or between two or more States.
- Article 146:
- Deals with the officers and servants and the expenses of the Supreme Court.
- It ensures the independence of the judiciary by allowing the Chief Justice of India to make appointments.
- Article 148:
- Establishes the office of the Comptroller and Auditor-General (CAG) of India.
- The CAG is responsible for auditing all receipts and expenditures of the Government of India and the State governments.