Difficulty: Easy
Correct Answer: Advisory Jurisdiction
Explanation:
Introduction / Context:
This question concerns the special power of the President of India to seek legal advice from the Supreme Court on important questions of law or fact. This feature, borrowed from the Canadian model, is known as the advisory jurisdiction of the Supreme Court. It is different from regular court cases because the Court is not deciding a dispute between two parties, but advising the head of state.
Given Data / Assumptions:
Concept / Approach:
Article 143 of the Constitution empowers the President to refer questions to the Supreme Court. The Court may then report its opinion after hearing the matter. This power of the Court is called its advisory jurisdiction. It is advisory because the opinion is not strictly binding in the same way as a judgement between parties, though it carries great persuasive weight.
Step-by-Step Solution:
Step 1: Recall that Article 143 deals with the power of the President to obtain the opinion of the Supreme Court on questions of law or fact of public importance.
Step 2: Recognise that when the Court acts under Article 143, it is not exercising original, appellate or writ jurisdiction.
Step 3: The term used in standard polity books and exam syllabi for this function is advisory jurisdiction.
Step 4: Therefore, the correct answer is advisory jurisdiction.
Verification / Alternative check:
You can confirm by recalling famous references such as the Berubari Union reference or the advisory opinion on the Ayodhya dispute in the past. These are typically called Presidential References, which signals that the President has sought advice. Whenever you see terms like Presidential Reference and Article 143, you should immediately think of the Supreme Court advisory jurisdiction.
Why Other Options Are Wrong:
Common Pitfalls:
Students sometimes overuse the idea of original jurisdiction and forget that there is a separate advisory function. Another confusion arises when they assume that any matter involving the Constitution must be under original jurisdiction. The key to avoid error is to note who initiates the process. If the President is sending a question for an advisory opinion, it is advisory jurisdiction, not a regular case filed by parties.
Final Answer:
When the President refers a matter to the Supreme Court for its opinion, the Court acts under its Advisory Jurisdiction.
Discussion & Comments