Can Supreme Court advice President of India?

of 2002, the Apex Court held that it was well within its jurisdiction to answer and advice the President in a reference made under Article 143(1) if the questions referred are likely to arise in future or such questions are of public importance or there is no decision of the Supreme Court which has decided the question …

Who gives legal advice to the President in India?

The Attorney General for India
The Attorney General for India is the Indian government’s chief legal advisor, and is its principal Advocate before the Supreme Court of India. They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President.

Is it binding on Supreme Court to give its opinion on any matter referred to it by the President?

It is binding on the Supreme Court to give its opinion on any matter referred to it by the President. The opinion given by the Supreme Court on a reference under advisory jurisdiction is not binding on the government.

Can Supreme Court refuse to give advice to President?

The opinion of the Supreme Court is only advisory and not binding. The President is free to follow or not to follow. It was also held by the Supreme Court that the references made under this Article are not the “law declared by the Supreme Court” under Article 141 of the Constitution.

In what circumstances can the President of India seek advice of the Supreme Court?

Under Article 143 of the Constitution of India, 1950 the President of India may obtain the opinion of the Supreme Court of India on any question or fact of law which may be of public importance and may need any advice from the Supreme Court. This process is also known as a Presidential Reference.

How can the judge of Supreme Court be removed?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in …

Why does the president seek the advice of the Supreme Court on any issue of public importance?

Answer:1. decision taken on issues of public importance have long-lasting effect on live of the people. 2. such decision should also be according to the rules of law which treat everyone equally .,since the president is not legal expert he has to seek the advice of the supreme court on any issue of public importance .

Who can reverse the Judgement of the Supreme Court?

President has the power to reverse or change the jurisdiction of the Supreme Court. Explanation: The Supreme Court is at the top of the integrated judiciary system. The Supreme Court includes of one chief justice and 30 other judges.

WHO advises President on constitutional issues?

a) The Supreme Court advises the President on constitutional issues.

What is the advice of Supreme Court?

Article 143 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion.

When does the Supreme Court of India tend to give legal advice?

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.

Is it binding on the Supreme Court to give advice to President?

It depends of the context. In few matters it is binding on the SC to give advice to president like dispute arising out of pre-Constitutional agreement. No it’s not binding on Supreme Court to give advise to the president of India.

What is advisory jurisdiction of Supreme Court in India?

ADVISORY JURISDICTION Article 143 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion.

What is Article 143 of the Indian Constitution?

Article 143 of the Constitution confers Advisory Jurisdiction to the Supreme Court of India. Article 143 empowers the President to make references to Supreme Court on any matters but it cannot be said as the Jurisdiction of the Supreme Court. Now it is on court to examine whether it should be answered or not, if not with valid reasons.