Which of the following is NOT true in respect of Presidential reference under Article 143 of the Constitution?

The Supreme Court can refuse to provide its advisory opinion if it is satisfied that the questions are either vague and of a political nature.

The correct answer is Option 2: The Supreme Court can refuse to provide its advisory opinion if it is satisfied that the questions are either vague and of a political nature.

Option 1: The advisory opinion of the Supreme Court is not binding on courts because it not a law within meaning of Article 141. This is incorrect considering the decision of the Supreme Court in re Special Court Bill case (1979) where the Supreme Court held that its advisory jurisdiction are binding on all courts in the territory of India.

Option 2: The Supreme Court can refuse to provide its advisory opinion if it is satisfied that the questions are either vague and of a political nature. This is true. In re Special Court Bill case (1979), the Supreme Court held that the Supreme Court is under duty under Article 143 to give its advisory opinion if question referred to it are not vague and of a political nature."

"Supreme 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. Article 143 reads if at any time it appears to the President that -

(a) a question of law or fact has arisen or is likely to arise and

(b) the question is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it,

he/she may refer the question for the advisory opinion of the Court and the Court may after such hearing as it thinks fit, report to the President its opinion thereon.

In re Kerala Education Bill case (1958), the Supreme Court laid down the following principles:

(a) The Supreme Court has under clause (1) a discretion in the matter and in proper case and for good reason to refuse to express any opinion on the question submitted to it;

(b) It is for the President to decide what question should be referred to the Court and if he does not entertain any serious doubt on the other provisions it is not for any party to say that doubts arise also out of them;

(c) The advisory opinion of the Supreme Court is not binding on courts because it not a law within meaning of Article 141.

But In re Special Court Bill case (1979), the Supreme Court held that its advisory jurisdiction are binding on all courts in the territory of India. It also held that the Supreme Court is under duty under Article 143 to give its advisory opinion if question referred to it are not vague and of a political nature."