Question 1 · 10 marks · 134 words written
Opening · a constitutional or legal provision
Article 143 of the Constitution provides Supreme Court with Advisory Jurisdiction related to a presidential reference.
Body · points
Scope of Advisory Jurisdiction (Art 143)
President can refer following types of cases to Supreme court: i) interpretation of pre-constitution treaty or agreement. ii) Any other matter.
Supreme Court has to tender advise on (i) Matter, whereas it has discretion in matters of (ii).
Such cases must be heard by constitutional Bench of 5 judges.
Significance of Art. 143 - Advisory Power
- Clarification on Pre-constitutional matters by supreme court.
- Re-verification of judgements. Eg: Presidential reference on Governor Timeline Case (2025).
- Voice of Executive : heard by Judiciary - Checks & Balances!
- Expert Opinion on legal matters relevant to president.
Close · a summary
Thus, Article 143's advisory jurisdiction is an important jurisprudence tool.