Examine the scope and significance of the Supreme Court's advisory jurisdiction under Article 143 of the Constitution.
Main Body
Article 143 provides for advisory jurisdiction of supreme court. President of India can seek advice of supreme court in the matter of law. [Feature taken from Canada]. Scope of Advisory Jurisdiction 1. Pre-Constitutional treaty, agreement, decree, law - Supreme Court bound to give advice 2. Post Constitutional development - Supreme Court not bound to give advice a) Exclusive power of President to seek supreme court advice b) Supreme court advice is advisory in nature. Not bounded on President.
Significance 1) Better Understanding - Between executive and judiciary on any matter 2) Clarity of law & interpretation: Judicial oversight help to make better laws 3) Save law from litigation: If seek early advice of Judiciary in controversy matter. 4) Pre-constitutional matter - supreme court interpretation helpful to better understanding of essence application of them time laws. Total 13 times law refer to supreme court advice. Recently, current president seek supreme court advice on matter of Governor pense on state legislature.
Conclusion
The advisory jurisdiction serves as a crucial mechanism for ensuring constitutional governance and preventing future litigation through timely judicial guidance.
20 words
POOJA SONI
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Supreme Court Advisory Jurisdiction
179
Total words
1
Paragraphs
analytical
Tone