Judicial Interpretation of Advisory Jurisdiction
According to Article 143 of the Constitution, the Supreme Court of India has exercised advisory authority:
- Opinions that are strictly advisory are not legally binding.
- The Court may be asked to provide an opinion on matters of fact or law by the President.
- The Court reviews prior decisions, looks into legal and constitutional issues, and expresses an opinion based on its interpretation.
- Opinions are restricted to issues that the President has addressed, and they cannot address hypothetical or political issues.
- Advisory jurisdiction does not interfere with the legislative or executive branches of government and maintains the separation of powers.
- Though they are not legally enforceable or precedent-setting, opinions have significance.
- In general, advisory jurisdiction in India functions as a consultative body that the President refers to for advice on legal and constitutional matters of public interest.
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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