Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:
Which of the following is NOT true in respect of Presidential reference under Article 143 of the Constitution?
Options:
President may refer any question of law of public importance.
President may refer any question of fact of public importance.
It is binding on the Supreme Court to answer questions raised in the reference
None of the above
Correct Answer:
It is binding on the Supreme Court to answer questions raised in the reference
Explanation:
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.