Examine the constitutional provisions and nature of advisory jurisdiction of Supreme Court of India. Evaluate your answer with relevant examples.
The advisory jurisdiction of the Supreme Court is provided under Article 143 of the Constitution. It empowers the President to seek the Court’s opinion on questions of law or fact of public importance, or issues related to pre-constitutional treaties and agreements.
This jurisdiction reflects the consultative role of the Court in addition to its adjudicatory functions. The Court’s opinion, however, is advisory and not binding on the President or the executive. Still, it carries immense persuasive value. For instance, in the Re Kerala Education Bill (1958) and Ayodhya Reference (1994), the Court provided guidance on sensitive issues.
Advisory jurisdiction strengthens constitutional governance by ensuring that the executive has recourse to legal expertise in complex matters. Yet, its non-binding nature and selective invocation limit its practical impact. Critics argue that frequent references may politicize the judiciary, while infrequent use underutilizes this constitutional tool.
Overall, Article 143 demonstrates the cooperative relationship between the judiciary and executive, serving as a constitutional safety valve for contentious legal questions.
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