In the context of the powers of the Supreme Court of India, which term refers to the power under which the President of India can refer any question of public importance or a question involving interpretation of the Constitution to the Court for its opinion?

Difficulty: Medium

Correct Answer: Advisory jurisdiction

Explanation:


Introduction / Context:
The Supreme Court of India exercises several types of jurisdiction, reflecting the variety of cases it can hear and the roles it plays in the constitutional framework. These include original, appellate, writ and advisory jurisdictions. One of these allows the Court to give its opinion when the President of India refers a matter that involves questions of law or constitutional interpretation. Understanding the name of this jurisdiction is essential for mastering topics in Indian judiciary and polity.


Given Data / Assumptions:
- The question describes a situation in which the President refers questions of public importance or constitutional interpretation to the Supreme Court.- The options given are original, writ, appellate and advisory jurisdiction.- We must match the description to the correct technical term.


Concept / Approach:
Article 143 of the Constitution of India empowers the President to refer questions to the Supreme Court for its opinion. The Court, acting under this Article, exercises what is known as its advisory jurisdiction. In such cases, the Court does not decide a dispute between parties but gives an opinion when requested by the President. Original jurisdiction refers to cases that start directly in the Supreme Court, such as disputes between States and the Union. Appellate jurisdiction refers to appeals from lower courts. Writ jurisdiction relates to enforcement of Fundamental Rights.


Step-by-Step Solution:
Step 1: Identify that the described power involves the President seeking an opinion, not a typical adversarial case between two parties.Step 2: Recognise that this process is governed by Article 143, commonly described in textbooks as the Supreme Court's advisory jurisdiction.Step 3: Original jurisdiction cannot be correct because that concerns suits such as inter State disputes that begin directly in the Supreme Court.Step 4: Writ jurisdiction is used to enforce Fundamental Rights under Article 32, where the Court issues writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari.Step 5: Appellate jurisdiction involves the Court hearing appeals against judgments of High Courts and certain tribunals, not giving advisory opinions to the President.Step 6: Therefore, the correct term for the President's reference power is advisory jurisdiction.


Verification / Alternative check:
You can verify by recalling famous instances where the President referred questions to the Supreme Court, such as disputes about Presidential elections, scope of constitutional amendments or powers of certain offices. These are always discussed under the heading of advisory opinions and advisory jurisdiction, confirming the terminology.


Why Other Options Are Wrong:
Option A (original jurisdiction) is wrong because it relates to direct suits between the Union and States or between States, not to presidential references.Option B (writ jurisdiction) is wrong because this jurisdiction deals with enforcement of Fundamental Rights through writs, not with non binding advisory opinions.Option C (appellate jurisdiction) is wrong because it involves hearing appeals from lower courts, not responding to questions from the President.


Common Pitfalls:
Students sometimes confuse advisory jurisdiction with original jurisdiction because both are mentioned together when describing the Supreme Court's powers. Others may choose writ jurisdiction simply because it is frequently tested. To avoid such mistakes, link each jurisdiction clearly with its defining feature: original with disputes starting in the Supreme Court, appellate with appeals, writ with Fundamental Rights and advisory with presidential references under Article 143.


Final Answer:
Correct answer: Advisory jurisdiction

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