What is Advisory Jurisdiction?

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Answer By law4u team

Advisory Jurisdiction refers to the authority granted to certain courts, primarily the Supreme Court of India, to offer non-binding advice to the President of India on legal matters. This is a special power under Article 143 of the Indian Constitution. Here's how it works: - Article 143 gives the Supreme Court of India the power to provide an advisory opinion to the President on matters of law or public importance. - The President may refer any matter to the Supreme Court if they believe it is necessary or if it concerns a question of law or constitutional interpretation. - The Supreme Court, upon receiving such a reference, can give its opinion on the matter. - The advice or opinion provided by the Supreme Court is not binding on the President or any other authority. However, it holds significant legal and authoritative weight. Purpose: The advisory jurisdiction allows the President to seek the guidance of the Supreme Court on complex legal issues before taking decisions. It helps in preventing legal or constitutional errors that could arise from executive actions or legislation. Example: An example of the advisory jurisdiction is when the President refers a matter involving constitutional interpretation or the validity of a law to the Supreme Court for advice. However, as mentioned, the decision of the Supreme Court is not binding, but it can guide the President on how to proceed.

Answer By Anik

Dear Client, Only the Supreme Court of India has advisory jurisdiction, letting the President seek its opinion on issues that are important to the country. The task is separate from how the Supreme Court normally handles and adjudicates controversies. Article 143 of the Constitution gives the Supreme Court the power for advisory jurisdiction. The provision is drawn from Section 213 of the Government of India Act, 1935 which endowed the Federal Court with similar responsibilities. According to Article 143(1), the Supreme Court may decide whether to give its opinion or not. There have been occasions when the Court said it was not necessary to give an opinion. Article 143 Makes the Supreme Court’s opinion non-binding for the President. The President is not required to act on the recommendation offered by Council. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, Only the Supreme Court of India has advisory jurisdiction, letting the President seek its opinion on issues that are important to the country. The task is separate from how the Supreme Court normally handles and adjudicates controversies. Article 143 of the Constitution gives the Supreme Court the power for advisory jurisdiction. The provision is drawn from Section 213 of the Government of India Act, 1935 which endowed the Federal Court with similar responsibilities. According to Article 143(1), the Supreme Court may decide whether to give its opinion or not. There have been occasions when the Court said it was not necessary to give an opinion. Article 143 Makes the Supreme Court’s opinion non-binding for the President. The President is not required to act on the recommendation offered by Council. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

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