UPSC Prelims 2001 Q69: Indian Polity – Judiciary
The Supreme Court of India tenders’ advice to the President on a matter of law or fact
- (a) on its own initiative
- (b) only if he seeks such advice
- (c) only if the matter relates to the Fundamental Rights of citizens
- (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
| Point | Article 143 |
|---|---|
| Who starts it | The 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
- (a) Incorrect. The Court has no power to advise on its own initiative.
- (b) CORRECT. The Court advises only when the President refers a matter under Article 143.
- (c) Incorrect. The reference can be on any question of law or fact of public importance.
- (d) Incorrect. National unity is not a condition for a reference.
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
- Thinking the Court can give advice on its own.
- Thinking the Court's opinion binds the President.
- Limiting references to Fundamental Rights.
Exam tip
Advisory jurisdiction starts only with the President.
Sources
- Constitution of India — Article 143
- M. Laxmikanth — Indian Polity, chapter 'Supreme Court' (advisory jurisdiction)