Question 1 · 10 marks · 166 words written
Opening · a constitutional or legal provision
Article 143 provides for the advisory jurisdiction wherein the President can seek advise of SC on certain matters.
Body · points
Scope
- Two cases a) Pre constitutional treaties, convention etc -> SC is bound to give its opinion b) Presidential references on constitutional interpretation -> can choose not to give
- Advise tendered is not binding on Pres.
- In recent Tamil Nadu case -> SC asked Pres to consult in A143 if state bill is reserved for constitutional grounds.
Significance -
- Better explanation of Constitution provisions (eg Minorities meaning in A 29)
- clarity > Ambiguity -> SC can clear what substance lies in words
- Unlock mind of constitutional makers -> what they intended
- Creative reinterpretation for expanding scope (eg A 21 in various cases)
- Pres. can get expert advise to fulfil his/her duty meaningfully as guardian of constitution
- Upholding constitution as a living document -> needing clarity with changing times.
Close · a summary
Advisory powers are unique to Indian judiciary, making it most powerful.