Article 143
The Indian Constitution gives the Supreme Court advisory power in Article 143:
- Any matter of public importance or legal issue on which the President feels it is essential to obtain an opinion from the Supreme Court may be brought up for discussion.
- The term “opinion” was used in place of “decision,” and the lines “decide the same and report the fact to the President” were changed to “submit its opinion and report to the President.” Eventually, this resulted in the Constitution being revised as Article 143.
- The Court has rarely and selectively used its advising competence, exercising caution to maintain the separation of powers and avoid interfering with the legislative or executive branches’ authority.
- The President and the government have benefited greatly from the Supreme Court’s advisory opinions, which offer clear legal interpretation and direction on difficult legal matters.
- The opinions have importance in influencing legal debate and provide clarification on constitutional and legal issues even if they are not legally binding.
Advisory Jurisdiction of the Supreme Court
Advisory Jurisdiction of the Supreme Court is required when a subordinate court or a constitutional authority requests the opinion of the higher court on a legal issue. The term advisory opinion describes the judge’s view of the court. The basis of jurisdiction has been established by a legal matter raised by the legislative body or public bodies. As mentioned, the Indian Supreme Court now has advisory authority in accordance with Article 143 of the Indian Constitution. The fundamental idea behind this jurisdiction is that the Supreme Court can help the President with any case of public interest or law.
Table of Content
- What is the Advisory Jurisdiction of the Supreme Court?
- Article 143
- Judicial Interpretation of Advisory Jurisdiction
- Landmark Judgments Under Advisory Jurisdiction
- Criticism
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