Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Which of the following statement about the Advisory Jurisdiction of Supreme Court is NOT correct?

Options:

The Cabinet may refer any question of law or fact of public importance for the advise of the Supreme Court.

It is not binding on the Supreme Court to answer questions raised in the reference.

The Supreme Court can refuse to provide its advisory opinion if it is satisfied that the questions are either socio-economic or political in nature.

In the last more than sixty years, only a handful of references have been made.

Correct Answer:

The Cabinet may refer any question of law or fact of public importance for the advise of the Supreme Court.

Explanation:

The correct answer is Option 1- The Cabinet may refer any question of law or fact of public importance for the advise of the Supreme Court.

The power to seek advisory opinion lies with the President of India under Article 143 of the Constitution, not the Cabinet.

Besides being an adjudicator and interpreter, Supreme Court also functions as an adviser. Court's advisory jurisdiction may be sought by the President under Article 143 of the Constitution. This procedure is termed as "Presidential Reference" and is recognised as the 'Advisory jurisdiction' of the Court. Under this scheme, President may refer any question of law or fact of public importance. However, it is not binding on the Supreme Court to answer questions raised in the reference. In the last more than sixty years, only a handful of references have been made. The Supreme Court can refuse to provide its advisory opinion if it is satisfied that the questions are either socio-economic or political in nature.