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UPSC Prelims 2001 Q69: Indian Polity – Judiciary

UPSC Prelims 2001, General Studies Paper I · Indian Polity

The Supreme Court of India tenders’ advice to the President on a matter of law or fact
  1. (a) on its own initiative
  2. (b) only if he seeks such advice
  3. (c) only if the matter relates to the Fundamental Rights of citizens
  4. (d) only if the issue poses a threat to the unity and integrity of the country

Answer: (b) only if he seeks such advice

Explanation

When the Supreme Court tenders advice to the President

PointArticle 143
Who starts itThe President refers a question of law or fact of public importance
Does the Court act on its own?No — only on a reference by the President
Is the Court bound to answer?Under Article 143(1), it may decline; under 143(2) (pre-Constitution treaties) it must answer
Is the opinion binding?No — the advice is not binding on the President

Under Article 143, the Supreme Court gives its opinion only when the President refers a question to it. It cannot advise on its own, and the matter need not involve Fundamental Rights or national unity.

Answer: (b) only if he seeks such advice.

Why each option is right or wrong

Key point

Famous references: Kerala Education Bill (1958), Berubari (1960), Special Courts Bill (1978), Cauvery (1991), Ayodhya (1993, declined), 2G (2012).

Remember

Article 143: Supreme Court advises only on the President's reference; advice not binding.

Common mistakes

Exam tip

Advisory jurisdiction starts only with the President.

Sources

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