Advisory Jurisdiction of the Supreme Court
1. What is the Advisory Function of Supreme Court of India?
The Indian Constitutionâs Article 143 granted the Supreme Court advisory jurisdiction. Accordingly, the President may consult the Supreme Court on any legal matter or matter of public concern.
2. What is the Advisory Jurisdiction of the Supreme Court in India?
When a lower court or a constitutional authority requests the higher courtâs advice on a legal issue, advisory jurisdiction is required. The judge of the courtâs opinion is referred to as the advisory opinion. A legal subject brought up by the legislative body or by public officials determines the jurisdiction.
3. Where is the Advisory Jurisdiction of the Supreme Court borrowed from?
The Supreme Court borrowed its advisory jurisdiction idea from Canada. The Canadian constitution is the source of the Supreme Courtâs advisory jurisdiction and the Centerâs residuary powers provisions.
4. What is Appellate and Advisory Jurisdiction?
The definition of appellate jurisdiction is the power granted to the Supreme Court to consider cases and issues that are under appeal from any lower court in the nation. These courts may be any national high court, regional court, or local court.
5. Which is the first Case of Advisory Jurisdiction?
Delhi Laws (1951) SCR 747: This case serves as the first example where Article 143 was mentioned. There have only been 14 Article 143 referrals made by the President since independence.
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 judgeâs 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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