Indian Polity : Supreme Court Of India

Q 14 / 21

UPSC CSE Prelims 2010

Consider the following statements:

The Supreme Court of India tenders advice to the President of India on matters of law or fact:

  1. on its own initiative (on any matter of larger public interest).
  2. if he seeks such an advice.
  3. only if the matters relate to the Fundamental Rights of the citizens.

Which of the statements given above, is/are correct?

EXPLANATION

Correct Option

Statement 2 is correct. Article 143 of the Indian Constitution empowers the President of India to seek the advisory opinion of the Supreme Court on any question of law or fact that is of public importance. The Supreme Court may provide such advice, but it is not binding on the President.

Incorrect Options

Statement 1 is incorrect. The Supreme Court does not possess the power to tender advice to the President on its own initiative (suo motu) under Article 143. Its advisory jurisdiction is invoked only when the President refers a matter to it.

Statement 3 is incorrect. The advisory jurisdiction of the Supreme Court under Article 143 is not restricted solely to matters concerning the Fundamental Rights of citizens. It extends to any question of law or fact, including constitutional interpretation, policy matters, or other issues of public importance referred by the President.

SOURCEIndian Polity by M. Laxmikanth, Chapter 26: Supreme Court